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Huffman v. White (In re White) (Case No. 07-71909; A.P. No. 08-07003) 8/1/2008

Court denied the defendant's motion to dismiss complaint for failure to state a cause of action under Federal Rule of Civil Procedure 12(b)(6).  Relying on Marunaka Dainichi Co. v.  Yamada (In re Yamada), 197 B.R. 37 (Bankr. E.D. Va. 1996), Court found that the plaintiff alleged that defendant intended to deceive the plaintiff when he entered into the contract and the remaining elements necessary for finding a debt nondischargeable under section 523(a)(2)(A).  Taking the plaintiff's well-pled allegations as true and drawing all reasonable inferences from those facts in the plaintiff's favor, it appeared to the Court that the plaintiff could establish the elements necessary for a finding of nondischargeability.

Date: 
Friday, August 1, 2008
Category: 
Dischargeability
Dismissal
Chapter: 
7