Legal Opinion

Boscia v. Donnelly (In Re Donnelly)

United States Bankruptcy Court, D. Rhode Island

Decided October 17, 1988No. Bankruptcy No. 8800250, Adv. No. 880028PublishedCited by 1 opinion

1Opinion of the Court

ORDER GRANTING MOTION TO DISMISS

ARTHUR N. VOTOLATO, Jr., Bankruptcy Judge.

On September 29,1988, we held a pre-trial conference on the defendant/debtor, Robert E. Donnelly’s (hereinafter “Donnelly”), Answer to plaintiffs’, Carmen P. and Joseph P. Boscia & Sons, Inc. (hereinafter “Boscia”), Amended Complaint. Donnelly, in his answer asserts that Boscia’s amended complaint fails to state a claim upon which relief can be granted, and therefore is treated here as a Motion to Dismiss. FED.R.CIV.P. 12(b).

Boscia’s amended complaint is in the nature of a “motion to disallow the discharge of its…

2Cases cited3 opinions

  1. Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
  2. In the Matter of Colorado Energy Supply, Inc., Debtors. National Acceptance Company of America, and Colorado Energy Supply Inc. v. Obed PriceCourt of Appeals for the Tenth Circuit · 1984
  3. In the Matter of Edward Joseph PAHULE, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1988

3Cited by1 opinion

  1. In Re FearnUnited States Bankruptcy Court, S.D. Ohio · 2003

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