Holtgrieve v. Lowther (In Re Lowther)

MEMORANDUM OPINION AND ORDER

RICHARD L. SPEER, Bankruptcy Judge.

This cause comes before this Court upon the Motion to Dismiss filed by the Defendant. The Plaintiffs Complaint seeks a determination as to the dischargeability of a debt owed by the Debtor. However, the Defendant’s Motion contends that the Complaint was not timely served and should be dismissed. For the reasons set forth below the Motion to dismiss is GRANTED and the Complaint is DISMISSED.

FACTS

On March 28, 1983, the Debtor filed his voluntary Chapter 7 bankruptcy petition in which he listed the Plaintiff as a potential creditor.…