Enos v. DeHart (In re Metropolitan Metals, Inc.)

OPINION AND ORDER

JOHN J. THOMAS, Bankruptcy Judge.

Pending before the Court are Motions to Dismiss filed by the United States of Amer*259ica and by Charles J. DeHart, III, Esquire, Trustee in Bankruptcy, both Defendants in this adversary Complaint.

The bankruptcy case commenced under the Bankruptcy Act of 1898, shortly before the effective date of the Bankruptcy Code of 1978. In one form or another, it is the dispute between the Plaintiff and the two Defendants that has allowed this case to remain open over these many years.

In a nutshell, Metropolitan Metals, Inc., the Bankrupt, owed to Joseph F.…