Legal Opinion

Fallang v. Hickey (In Re Hickey)

United States Bankruptcy Court, S.D. Ohio

Decided February 28, 1986No. Bankruptcy No. 1-85-00963, Adv. No. 1-85-0265PublishedCited by 19 opinions

1Opinion of the Court

ORDER

RANDALL J. NEWSOME, Bankruptcy Judge.

This matter is before the Court pursuant to a motion to dismiss and a motion for summary judgment by the debtor pursuant to Rules 12(b)(4), 12(b)(5) and 56 of the Federal Rules of Civil Procedure.

The two issues before the Court are (1) whether the debtor received sufficient service of Process> and (2) whether the plaintiffs dischargeability complaint was timely filed with this Court.

The operative facts are undisputed and may be summarized as follows: On April 18, 1985, the debtor filed a petition for relief under Chapter 7 of the Bankruptcy Code,…

2Cases cited4 opinions

  1. United States v. A. H. Fischer Lumber Co.Court of Appeals for the Fourth Circuit · 1947
  2. Hawkins v. Department of Mental HealthDistrict Court, W.D. Michigan · 1981
  3. Crawford v. West India Carriers, Inc.District Court, S.D. Florida · 1972
  4. Air Transport, Inc. v. Ransom Aircraft Sales & Brokerage, Inc.District Court, S.D. Ohio · 1971

3Cited by19 opinions

  1. In Re Moses Hill, Debtor. Phelix Jones, Creditors v. Moses Hill, DebtorCourt of Appeals for the Ninth Circuit · 1987
  2. In Re John Frederick Anwiler, Debtor. John Frederick Anwiler v. Gregory S. Patchett and Kathleen GriffinCourt of Appeals for the Ninth Circuit · 1992
  3. Dombroff v. Greene (In Re Dombroff)District Court, S.D. New York · 1996
  4. First Bank System, N.A. v. Begue (In Re Begue)United States Bankruptcy Court, N.D. Ohio · 1995
  5. Industrial Financial Corp. v. Falk (In Re Falk)United States Bankruptcy Court, D. Minnesota · 1989

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