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Am. Express Fin. Advisors, Inc. v. Sears (In re Sears) (Case No. 03-03328; A.P. No. 05-07029) 08/10/2005

A creditor filed a Complaint seeking to determine dischargeability of debt.  Seventy-eight (78) days later, the Debtor filed a Motion to Dismiss the Complaint, citing Federal Rule of Bankruptcy Procedure 7012(b) and Federal Rule of Civil Procedure 12(b)(6).  The Court denied the Debtor's Motion to Dismiss pursuant to Rule 12(b) on the ground that it was untimely filed.

Wednesday, August 10, 2005
Rule 12(b)(6)