Szostek v. Texas Comptroller of Public Accounts (In Re Szostek)

DECISION AND ORDER GRANTING PLAINTIFFS’ MOTION FOR PARTIAL REHEARING OF ORDER DISMISSING PLAINTIFFS’ ADVERSARY PROCEEDING AND DISMISSING THE COMPLAINT

LEIF M. CLARK, Bankruptcy Judge.

Came on for consideration the foregoing matter. On July 28, 2009, James T. Szos-tek and his wife, Mary Alice Szostek (together, the “Debtors” or the “Plaintiffs”) filed a voluntary petition for relief under chapter 11 of the Bankruptcy Code. On September 22, 2009, the Debtors filed a complaint against the Texas Comptroller of Public Accounts (the “Defendant”) seeking to determine (i) the Debtors’ dis-chargeability…