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IN RE THOMAS

Bankruptcy No. 94-03433. Adv. No. a94-06224.

178 B.R. 852 (1995)

In re Donald THOMAS, Debtor. John O. RYAN, Plaintiff, v. Donald THOMAS, Defendant.

United States Bankruptcy Court, W.D. Washington, at Seattle.

February 15, 1995.

Attorney(s) appearing for the Case

Michael J. Gearin, Preston Gates & Ellis, Seattle, WA, for trustee.

Alan J. Wenokur, Seattle, WA, for debtor.

MEMORANDUM OPINION ON MOTION TO SUBSTITUTE

SAMUEL J. STEINER, Bankruptcy Judge.

The issue before the Court is whether the trustee may be allowed to substitute as plaintiff in an action under section 727, after the deadline for complaints has passed. After reviewing the cases cited by the parties, the Court concludes that the weight of authority favors the trustee.

Resolution of the matter centers on Rule 7041, F.R.Bankr.P., which requires a creditor...

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