Westfield Insurance Companies v. Madar (In Re Madar)

OPINION ON DEFENDANT’S MOTION TO DISMISS FOR LACK OF TIMELY SERVICE

ARTHUR J. SPECTOR, Bankruptcy Judge.

Introduction

In the fall of 1995, Daniel Madar set fire to his chiropractic office. Two insurance companies sued him in their respective roles as subrogeé of the owner and co-tenants of the office building. A criminal case was also initiated and, on March 13, 1996, Madar entered a plea of guilty to the charge of arson. He filed a petition for chapter 7 bankruptcy relief on February 25,1997.

On April 10, 1997, the insurers filed an action under 11 U.S.C. § 523(a)(6) against Madar, alleging more…