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Williams v. White (In re White) (Case No. 07-71909, A.P. No. 08-07011) 8/21/2008

Court granted defendants' motion to dismiss, in part, under Rule 12(b)(6)  for failure to state a claim upon which relief can be granted. Plaintiffs filed adversary proceeding to determine dischargeability of certain debts under section 523(a)(2), (a)(4) and (a)(6) arising out of renovation and construction services. Court held that a simple breach of contract claim was not excepted from discharge pursuant to any of the referenced sections and dismissed the breach of contract count of the plaintiff's complaint. Court denied defendants' motion regarding the fraud count as it appeared that the plaintiffs could establish the necessary elements for a finding of nondischargeability under section 523(a)(2)(A).  Court also denied the motion as to alleged violations of the Virginia Consumer Protection Act as the plaintiffs' complaint alleged sufficient facts to support actual fraud, false misrepresentation and willful and malicious injury.

Date: 
Thursday, August 21, 2008
Category: 
Adversary Proceedings
Dischargeability
Fraud
Rule 12(b)(6)
Chapter: 
7