Ubriaco v. Martino (In Re Martino)

DECISION AND ORDER GRANTING MOTION TO DISMISS FOR A FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED

JEROME FELLER, Bankruptcy Judge.

Anthony Ubriaco commenced this adversary proceeding against Lynn A. Martino, the debtor/defendant, seeking a determination that a pre-petition state court judgment obtained by him against Ms. Martino is nondischargeable. Presently before the Court is Ms. Martino’s motion to dismiss the adversary proceeding (“Motion to Dismiss”) pursuant to Fed. R. Bankr.P. 7012(b) and Fed.R.Civ.P. 12(b)(6), contending that Mr. Ubriaco’s complaint failed to state a claim…