Klesalek v. Klesalek (In Re Klesalek)

DREHER, Bankruptcy Judge.

This is an appeal from an order of the bankruptcy court dismissing Appellants’ adversary proceeding on the grounds that Appellants had not commenced an action in a court of competent jurisdiction within 120 days of the date of confirmation of Debtor’s Chapter 13 Plan. For the reasons stated below, we reverse.

FACTS AND PROCEDURAL HISTORY

This case arises out of an interfamily dispute between Debtor, William Klesalek (“Debtor”), and several of his family members, Robert Klesalek, successor and personal representative of the Estate of Flora Klesalek, and Darrell Suchy,…