(Bankr. W.D. Ky. Oct. 3, 2016)
The bankruptcy court denies the debtor’s motion to dismiss the nondischargeability action. The debt arose from a burglary of an individual’s home. The individual died prepetition. The deceased individual’s beneficiaries filed the action pro se, naming the individual’s estate as well as themselves as plaintiffs. The debtor argued the complaint should be dismissed because the beneficiaries engaged in the unauthorized practice of law because the estate was included. The Court relies on a recent Sixth Circuit opinion and finds the beneficiaries were permitted to file as they did. The debtor also argued the complaint should be dismissed because of the timing of service of the complaint and summons. The Court holds the proper procedures were followed. Opinion below.
Attorney for Plaintiffs: Crain, Schuette & Associates, Amanda Lisenby Blakeman
Attorney for Debtor: Alicia C. Johnson
Author: Matt Lindblom