Old Kent Bank-Chicago v. Price (In Re Price)

MEMORANDUM AND ORDER

THOMAS W. JAMES, Bankruptcy Judge.

Van Price, Jr., debtor, defendant, has moved to dismiss the third amended complaint of Old Kent Bank-Chicago, plaintiff, for Old Kent’s failure to state averments of fraud with sufficient particularity as required by Fed.R.Civ.P. 9(b) [Fed.R. Bankr.P. 7009] and for failure to state a claim upon which relief can be granted under Fed.R.Civ.P. 12(b)(6) [Fed.R.Bankr.P. 7012], The court agrees that the complaint’s allegations do not state causes of action for a debt to be dischargeable on account of a false financial statement [11 U.S.C. §…