Dale v. Vadnais (In Re Vadnais)

ORDER DENYING DEFENDANT’S MOTION TO DISMISS COMPLAINT FOR IMPROPER SERVICE

ARTHUR N. VOTOLATO, Jr., Bankruptcy Judge.

Heard on the Defendant’s motion to dismiss the Plaintiffs’ complaints to determine the dischargeability of debts owed to them by Edmond Vadnais. The basis for Defendant’s motion is the fact that service was not accomplished pursuant to Rule 704 of the Rules of Bankruptcy Procedure, and the issue is whether the Plaintiff’s failure to complete service within the time allowed by Bankruptcy Rule 704(e) is a fatal defect requiring dismissal of the action. The outcome of the motion to…