Peerless Insurance v. Miller (In Re Miller)

DECISION AND ORDER DENYING DEFENDANT’S “MOTION TO DISMISS”

WILLIAM A. CLARK, Chief Judge.

Before the court is defendant’s “Motion to Dismiss” the plaintiffs complaint as untimely filed (Doc. # 27). The court has jurisdiction pursuant to 28 U.S.C. § 1334 and the standing order of reference entered in this district. This matter is a core proceeding under 28 U.S.C. § 157(b)(2)(I) — determinations as to the dischargeability of particular debts.

FACTS

1) Merriell L. Miller (“Defendant/Debtor”) filed a petition in bankruptcy on October 13, 1993, pursuant to chapter 7 of the Bankruptcy Code;

2) On…