Primack v. Primack

MEMORANDUM DECISION

THOMAS C. BRITTON, Chief Judge.

The plaintiff/creditor seeks denial of the debtors’ discharges under 11 U.S.C. § 727(a)(2)(A) or exception of his claim from their discharges under § 523(a)(2)(A). Ruling was reserved (C.P. No. 12) on the debtors’ motion to dismiss (C.P. No. 5). The debtors have answered and the matter was tried November 5. I conclude that plaintiff has failed to establish either count and that the complaint must be dismissed with prejudice.

Plaintiff’s post-trial motion to amend his complaint (C.P. No. 13) attempts to add a third cause of action to avoid…