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IN RE DIAMOND

BAP No. 14-6001.

509 B.R. 219 (2014)

In re Richard Allen DIAMOND, Debtor. Michael Jay Goldstein, Creditor-Appellant v. Richard Allen Diamond, Debtor-Appellee.

United States Bankruptcy Appellate Panel for the Eighth Circuit.

Filed: April 22, 2014.

Attorney(s) appearing for the Case

Appellant Michael Jay Goldstein of East Brunswick, NJ, was not represented by counsel.

Michael Jay Goldstein, East Brunswick, NJ, for appellant.

Charles Markwell, Jr., O'Fallon, MO, for appellee.

Before FEDERMAN, Chief Judge, KRESSEL and SALADINO, Bankruptcy Judges.

KRESSEL, Bankruptcy Judge.

Michael Jay Goldstein appeals from an order of the bankruptcy court directing the clerk to reject the filing of his dischargeability complaint. The court ordered the complaint and a subsequent brief to be returned to him because he failed to make a motion to reopen the underlying bankruptcy case. For the reasons that follow, we reverse.

BACKGROUND

On November 29, 2011, Richard Allen Diamond filed a chapter 7 bankruptcy...

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