Voiland v. Marston (In Re Marston)

MEMORANDUM OPINION

MANUEL BARBOSA, Bankruptcy Judge.

This matter comes before the Court on the motion to dismiss filed by defendant Greg L. Marson (“Defendant”), pursuant to Fed. R. Bankr.P. 7012 and Fed.R.Civ.P. 12(b)(6), on December 9, 2008. On October 7, 2008, plaintiff Joseph R. Voiland (“Trustee”), as Chapter 7 trustee, filed an adversary complaint, pursuant to 11 U.S.C § 544, to recover $89,000 in credit card debt from Defendant, who is debtor Eileen C. Marston’s non-filing husband, for debt incurred by debtor Eileen C. Marston (“Debtor”) for expenses of their family and education of…