Eastern Airlines Employees Federal Credit Union v. Kirby (In re Kirby)

FINDINGS AND CONCLUSIONS

JOSEPH A. GASSEN, Bankruptcy Judge.

This adversary proceeding was tried before the court on December 3, 1980 upon the three-count complaint of the plaintiff, Eastern Airlines Employees Federal Credit Union. The complaint itself refers only to nondischargeability of the three separate obligations in the three counts of the complaint. However, in its memorandum of law filed post trial, the plaintiff also objects to the discharge of the defendant-debtors under a “disappearance or shortage of assets” theory which could barely be inferred from the complaint if at all.…