Legal Opinion

Client's Security Fund v. Dahowski (In Re Dahowski)

United States Bankruptcy Court, S.D. New York

Decided February 15, 1985No. 19-35335PublishedCited by 14 opinions

1Opinion of the Court

JEREMIAH E. BERK, Bankruptcy Judge.

MICHAEL T. DAHOWSKI (“debtor” or “defendant”) moves herein pursuant to Fed.R.Bankr.P. (“FRBP”) 7012(a) and (b), Fed.R.Civ.P. (“FRCP”) 12(b)(4), FRBP 7041 and FRCP 41(b) to dismiss the complaint of THE CLIENTS’ SECURITY FUND OF THE STATE OF NEW YORK (“CSF” or “plaintiff”) on the grounds that CSF failed to comply with FRBP 7004(f) regarding timely service of a summons and complaint and failed to prosecute its action. Respondent CSF denies movant’s assertions and argues that its actions were both timely and consistent with the applicable rules.

FINDINGS OF FACT

1.…

2Cases cited11 opinions

  1. Katchen v. LandySupreme Court of the United States · 1966
  2. In Re BreiningUnited States Bankruptcy Court, S.D. New York · 1980
  3. Fuerst v. Anderson (In Re Anderson)United States Bankruptcy Court, N.D. Ohio · 1980
  4. Guistino v. Anderson (In Re Anderson)United States Bankruptcy Court, N.D. Ohio · 1980
  5. First Tennessee Bank of Chattanooga, N. A. v. Brown (In Re Brown)United States Bankruptcy Court, N.D. Georgia · 1980

6 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. In Re MaherUnited States Bankruptcy Court, N.D. Iowa · 1985
  2. Campbell v. Castelo (In Re Campbell)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1989
  3. Sanghui v. Alpha Omega Travel, Ltd. (In Re Terzian)United States Bankruptcy Court, S.D. New York · 1987
  4. Ingala v. Sciarretto (In Re Sciarretto)United States Bankruptcy Court, D. Connecticut · 1994
  5. Providian National Bank v. Vitt (In Re Vitt)United States Bankruptcy Court, D. Colorado · 2000

9 more not listed; retrieve them via the Exa API.

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