In re Dini

MEMORANDUM OPINION

Janet S. Baer, United States Bankruptcy Judge

In the continuing dispute between debt- or David L. Dini and his one-time business partner John H. Sammarco, the issue before the Court is whether the equitable doctrine of laches bars Sammarco’s motion to dismiss Dini’s chapter 7 bankruptcy case under 11 U.S.C. § 707(a).1 For the reasons set forth below, the Court finds that Sammarco’s delay in filing the motion was unreasonable and inexcusable and that Dini was prejudiced by that delay. Accordingly, Sammarco’s motion to dismiss is barred by laches, and, as such, the motion is…