Legal Opinion
O'Brien v. Montoya (In re Torres-Montoya)
United States Bankruptcy Court, D. New Mexico
Decided May 4, 2018No. Case No. 17–11823 ta7; Adv. No. 17–1080PublishedCited by 1 opinion
1Opinion of the Court
Hon. David T. Thuma, United States Bankruptcy Judge
Before the Court is Defendant's motion to dismiss plaintiff's § 523(a)(2)(A) claim for failure to state a cause of action.1 Having reviewed the motion and the applicable law, the Court concludes that Plaintiff has stated a cause of action under § 523(a)(2)(A). The motion therefore will be denied.
I. FACTS
For the limited purpose of ruling on the motion, the Court takes the following allegations in Plaintiff's amended complaint as true:2
*57Defendant resides in New Mexico and is one of the debtors in this case.
Plaintiff also resides in New Mexico.
Thi…
2Cases cited26 opinions
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- Hall v. BellmonCourt of Appeals for the Tenth Circuit · 1991
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- Khalik v. United Air LinesCourt of Appeals for the Tenth Circuit · 2012
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3Cited by1 opinion
- Baca v. AragonUnited States Bankruptcy Court, D. New Mexico · 2019