Legal Opinion
United States v. Cresta (In Re Cresta)
United States Bankruptcy Court, E.D. Pennsylvania
Decided August 16, 1984No. 19-10927PublishedCited by 13 opinions
1Opinion of the Court
OPINION
EMIL F. GOLDHABER, Chief Judge.
The issue at bench is whether an untimely filing of a complaint to determine the nondischargeability of a debt bars the cbm-plaint. The question is presented on the debtor's motion for dismissal of the complaint under Fed.R.Civ.P. 12(b)(6) which is incorporated in this proceeding through Bankruptcy Rule 7012. We conclude that, under the circumstances of this case, the complaint is barred and, therefore, we will grant the motion.
The facts of the case viewed in the light most favorable to the government are as follows: 1 Joseph and Cynthia Cresta filed a…
2Cases cited12 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Hishon v. King & SpaldingSupreme Court of the United States · 1984
- Hagner v. United StatesSupreme Court of the United States · 1932
- Matter of HeywardUnited States Bankruptcy Court, E.D. New York · 1981
- American Family Insurance Group v. Gumieny (In Re Gumieny)United States Bankruptcy Court, E.D. Wisconsin · 1981
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- In Re RH MacY & Co., Inc.United States Bankruptcy Court, S.D. New York · 1993
- Trump Taj Mahal Associates v. Alibraham (In Re Trump Taj Mahal Associates)United States Bankruptcy Court, D. New Jersey · 1993
- Linder v. Trump's Castle AssociatesDistrict Court, D. New Jersey · 1993
- In Re RyanUnited States Bankruptcy Court, E.D. Pennsylvania · 1985
- Torwico Electronics, Inc. v. New Jersey, Department of Environmental Protection (In Re Torwico Electronics, Inc.)United States Bankruptcy Court, D. New Jersey · 1991
8 more not listed; retrieve them via the Exa API.