Collision Shop of America, Inc. v. Maurer (In re Maurer)

OPINION AND ORDER DENYING DEFENDANT’S MOTION TO DISMISS

THOMAS J. TUCKER, Bankruptcy Judge.

In this adversary proceeding, Plaintiffs complaint alleges that Defendant’s debt to it is nondischargeable, based on fraud, under 11 U.S.C. § 523(a)(2)(B). Before Defendant filed his Chapter 7 bankruptcy case, Plaintiff obtained a $185,000.00 judgment against Defendant in the Oakland County Circuit Court, after some two years of litigation. The judgment was for damages based on breach of contract. The parties agree that the state court judgment was not based on any claim of fraud.

Defendant has filed a…