Lisk v. Criswell (In Re Criswell)

MEMORANDUM OPINION

BLACKWELL N. SHELLEY, Bankruptcy Judge.

This matter came before the Court upon the defendant’s motion to dismiss the plaintiffs’ complaint. The grounds asserted by the defendant for dismissal are that the Court lacks jurisdiction under Rules 12(b)(1) and 12(h)(3) of the Federal Rules of Civil Procedure to hear Count Five of the plaintiffs’ complaint and that the entire complaint for nondischargeability of a debt is time-barred for not having been filed within sixty days following the first meeting of creditors under Bankruptcy Rule 4007(c). Upon the covening of a hearing in…