Caffal Bros. Forest Products, Inc. v. Braun (In Re Braun)

DONAL D. SULLIVAN, Bankruptcy Judge.

Plaintiff Caffal Bros. Forest Products, Inc. (“Caffal Bros.”) filed a complaint to recover $13,965.48 as a nondischargeable debt based on a forged check. The debtor, John Braun, moved to dismiss the complaint as untimely. This is a core proceeding susceptible of final determination by this Court. 28 U.S.C. § 157(b)(2)(I). The motion to dismiss, which will be considered a motion for summary judgment to the extent there are factual matters, should be granted.

Braun filed chapter 7 on August 19, 1985. On September 9, 1985 the clerk sent out a notice setting…