Demirgioglu v. Rinde (In Re Rinde)

ORDER GRANTING MOTION TO DISMISS

ARTHUR N. VOTOLATO, Bankruptcy Judge.

Heard on the Debtors’ Motion to Dismiss the above captioned adversary proceeding, on the ground that it was brought after the deadline for filing such actions. The Plaintiffs object, arguing that the statute of limitations was waived when the issue was not raised earlier in the case as an affirmative defense. The parties have briefed their respective positions and the matter is ripe for disposition. For the reasons discussed below, which lead us to conclude that the limitations period in Fed. R. Bankr.P. 4007(c) is…