Vaccariello v. Lagrotteria (In Re Lagrotteria)

MEMORANDUM OPINION AND ORDER

FREDERICK J. HERTZ, Bankruptcy Judge.

I

This action comes on a motion by Dr. Lawrence B. Lagrotteria (hereinafter “debtor”) to dismiss the complaint of Elizabeth A. Vaccariello and the class of plaintiffs which she represents (hereinafter “plaintiffs”). The plaintiffs seek a determination that their claims against the debt- or are nondischargeable pursuant to Section 523 of the Bankruptcy Code. 11 U.S.C. § 523 (Supp. V 1981). The debtor requests dismissal of the dischargeability complaint of the plaintiffs because it was untimely filed pursuant to Bankruptcy Rule…