IN RE ROBERT

Bankruptcy No. 04-42266-HJB. Adversary No. 09-4159.

432 B.R. 464 (2010)

In re Garry S. ROBERT, Mary A. Robert, Debtors. Garry S. Robert, Mary A. Robert, Plaintiffs, v. Household Finance Corp. II, Defendant.

United States Bankruptcy Court, D. Massachusetts, Western Division.

July 7, 2010.


Attorney(s) appearing for the Case

Richard I. Isacoff, Pittsfield, MA, for Plaintiffs.

Korde & Associates, P.C., Chelmsford, MA, David Fialkow, Jeffrey S. Patterson, Nelson Mullins Riley & Scarborough LLP, Boston, MA, for Defendant.


MEMORANDUM OF DECISION

HENRY J. BOROFF, Bankruptcy Judge.

Before the Court is a motion filed by the defendant in this adversary proceeding seeking dismissal of the complaint filed by the plaintiffs here, debtors in the underlying Chapter 13 case. For the reasons set forth herein—notably, that the debtors failed to disclose their claims against the defendant in a prior Chapter 7 case—the motion will be granted.

I. FACTS AND...

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