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In re Shtayyeh

In re Shtayyeh

Ruling
State's late motion to permit nunc pro tunc extension of time to ratify late service of timely filed nondischargeability complaint denied.
Procedural posture

Plaintiff, the State of New York, brought an adversary proceeding against defendant Chapter 7 debtor, pursuant to 11 U.S.C.S. § 523(a)(2), (4), (6). The debtor moved to dismiss the action as time-barred, and the State cross-moved to permit a nunc pro tunc extension of time to, in essence, ratify its service of a late, reissued summons.

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Consumer opinion summary, case decided on March 05, 2010 , LexisNexis #0510-083