Consolidated Shoppers Credit Plan, Inc. v. Daugherty (In Re Daugherty)

MEMORANDUM

CLIVE W. BARE, Bankruptcy Judge.

This matter is before the court on the defendants’ motion to dismiss the complaint filed against them for failure to state a claim upon which relief can be granted. Bankruptcy Rule 712(b); Fed.R.Civ.P. 12(b)(6). The specific issue is whether a debt owing to plaintiff may now be excepted from discharge even though plaintiff’s complaint was filed some ten months after the date fixed by the court for filing com plaints to determine dischargeability of debts under 11 U.S.C.A. § 523(a)(2) (1979). 1

I

Debtors Larry Winston Daugherty, Sr., and Sara Ann…