Stinnett v. Wilson (In Re Wilson)

MEMORANDUM DECISION ON MOTION TO DISMISS

CHRISTOPHER M. KLEIN, Bankruptcy Judge:

This matter involves the interrelation between the statute of limitations for nondis-chargeability actions and Rule 4(j) of the Federal Rules of Civil Procedure. Faced with the dilemma that dismissal “without prejudice” for failure to complete service within the 120 days specified in Rule 4(j) could be fatal because the statute of limitations had run, plaintiffs tried to avoid the time bar by filing another, identical action in the same court before the first action was dismissed.

The motion to dismiss will be…