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IN RE MULLINS

Bankruptcy No. 7-85-00250-A, Adv. No. 7-85-0131.

55 B.R. 618 (1985)

In re Rex MULLINS, Carol Sue Mullins, Debtors. MINERS & MERCHANTS BANK & TRUST COMPANY, Plaintiff, v. Rex MULLINS, et uxor, Defendants.

United States Bankruptcy Court, W.D. Virginia, Abingdon Division.

December 9, 1985.

Attorney(s) appearing for the Case

James P. Carmody, Richlands, for debtors/defendants.

Street, Street, Street, Scott & Bowman, Grundy, Va., for plaintiff.

Robert E. Wick, Jr., Bristol, Va., trustee.

MEMORANDUM OPINION AND ORDER

H. CLYDE PEARSON, Bankruptcy Judge.

The issue for determination is whether Counsel for the Plaintiff, Miners and Merchants Bank and Trust, has made out a case of excusable neglect which will permit the late filing of a Complaint objecting to dischargeability of a debt. Debtor/Defendants object and contend that excusable neglect has not been shown.

Briefly stated, the facts appear...

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