Legal Opinion
Lamar, Archer & Cofrin, LLP v. Appling (In re Appling)
United States Bankruptcy Court, M.D. Georgia
Decided September 20, 2013No. Bankruptcy No. 13-30083-JPS; Adversary No. 13-3042PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OPINION
JAMES P. SMITH, Bankruptcy Judge.
Before the Court is Defendant’s motion to dismiss Plaintiffs complaint on the ground that the complaint fails to state a claim upon which relief can be granted pursuant to Bankruptcy Rule 7012 and Fed.R.Civ.P. 12(b)(6). Plaintiff, in its complaint, objects to the dischargeability of its claim against Defendant pursuant to 11 U.S.C. § 523(a)(2)(A). The Court, having considered the motion, the response and the complaint, now publishes this memorandum opinion.
When challenged under Rule 12(b)(6):
“To survive ... a complaint must contain sufficient…
2Cases cited20 opinions
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- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Field v. MansSupreme Court of the United States · 1995
- Foley & Lardner v. Biondo (In Re Biondo)Court of Appeals for the Fourth Circuit · 1999
- Ojeda v. GoldbergCourt of Appeals for the Seventh Circuit · 2010
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3Cited by3 opinions
- Lamar, Archer & Cofrin, LLP v. ApplingSupreme Court of the United States · 2018
- Candel Coop v. Cajigas (In re Cajigas)Bankruptcy Appellate Panel of the First Circuit · 2014
- Larpar, Archer & Cofrin, LLP v. Appling (In re Appling)United States Bankruptcy Court, M.D. Georgia · 2015