2522 South Reynolds Corp. v. Russell (In Re 2522 South Reynolds Corp.)

MEMORANDUM OPINION AND ORDER

RICHARD L. SPEER, Bankruptcy Judge.

This cause comes before this Court upon the Motion to Dismiss filed by the Defendant. The Complaint seeks to recover the purchase price for the sale of certain equipment which was sold to the Defendant. In conjunction with their answer to the Complaint, the Defendants have submitted the present Motion. For the reasons set forth below the motion is DENIED.

FACTS

The Debtor filed a voluntary Chapter XI petition on January 5, 1977. Since it was filed prior to the enactment of the Bankruptcy Reform Act of 1978 the case is, in its…