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IN RE DIAZ

Bankruptcy No. 84-01880-BKC-TCB, Adv. No. 85-0950-BKC-TCB-A.

67 B.R. 43 (1986)

In re Frank DIAZ, Debtor. FORD MOTOR CREDIT COMPANY, Plaintiff, v. Frank DIAZ, Defendant.

United States Bankruptcy Court, S.D. Florida.

October 7, 1986.

Attorney(s) appearing for the Case

Michael Fertig, Kimbrell & Hamann, P.A., Miami, Fla., for plaintiff.

James T. Haley, Miami, Fla., for defendant.

Robert L. Roth, Miami, Fla., trustee.

ORDER ON REMAND

THOMAS C. BRITTON, Chief Judge.

On September 27, 1985, this court dismissed this adversary complaint seeking exception from discharge under 11 U.S.C. § 523(a)(2)(B) upon the ground that:

By the provisions of B.R. 4007(c), the plaintiff was required to file this complaint not later than January 13, 1985. This complaint, filed July 12, is late and, therefore, plaintiff's motion for a continuance...

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