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IN RE SMITH

Bankruptcy No. 4-83-00591, Adv. No. 4-83-0442.

42 B.R. 927 (1984)

In re Leo J. SMITH, a/k/a Leo J. Smith, Jr., Leo J. Smith, Sr. and Sandra M. Smith, Debtors. WARE CO-OPERATIVE BANK, Plaintiff, v. Leo J. SMITH and Sandra M. Smith, Defendants.

United States Bankruptcy Court, D. Massachusetts.

October 1, 1984.

Attorney(s) appearing for the Case

Douglas C. Walker, Schoonmaker & Schoonmaker, Ware, Mass., for plaintiff.

Joel Pentlarge, Ware, Mass., Office of the U.S. Trustee, Boston, Mass., for defendants.

MEMORANDUM AND ORDER ON DEBTORS' MOTION TO DISMISS

PAUL W. GLENNON, Bankruptcy Judge.

Before the Court is the debtors' motion to dismiss the non-dischargeability complaint brought by the Ware Co-operative Bank ("Bank") against the debtors, Leo J. and Sandra M. Smith ("debtors"), on the grounds that the complaint was not timely filed.

FACTS

On September 26, 1983, the debtors filed a joint petition under Chapter 7 of the Bankruptcy Code....

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