Mileasing Co. v. Allavena (In Re Allavena)

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The preliminary issues before the court are (1) whether we should grant the debt- or’s motion to dismiss the instant complaint for failure to state a cause of action upon which relief can be granted and (2) whether we should grant the debtor’s motion for a default judgment on his counterclaim because of the lateness of the plaintiff’s reply thereto. We conclude that we should deny both of those motions for the reasons which follow.

The facts of this case are as follows: 1 On June 4, 1981, Theodore H. Allavena (“the debtor”) filed a petition for relief…