Kirby v. Spatz (In Re Spatz)

ORDER ON MOTION FOR RECONSIDERATION OF ORDER DISMISSING ADVERSARY PROCEEDING

ALEXANDER L. PASKAY, Chief Judge.

THIS IS a Chapter 7 liquidation case and the matter under consideration is a Motion to Reconsider this Court’s Order, entered on April 17, 1998, Dismissing the above-captioned Adversary Proceeding. (Adv. No. 4).

The record reveals that on April 23, 1997, Hugo David Spatz (“Debtor”), filed a Petition for Relief under Chapter 13 of the Bankruptcy Code. At the time the Debtor filed his Petition for Relief, Robert L. Kirby (“Plaintiff’), held a judgment against the Debtor in the amount of…