Legal Opinion

Mason v. Allen (In Re Allen)

United States Bankruptcy Court, E.D. Virginia

Decided January 26, 1993No. 19-70159PublishedCited by 5 opinions

1Opinion of the Court

ORDER

HAL J. BONNEY, JR., Bankruptcy Judge.

Joel A. Mason by counsel, Anthony F. Radd, Esquire, has filed a complaint pursuant to 11 U.S.C. 727 objecting to the discharge in bankruptcy of the debtors, Johnnie and Esther K. Allen. The debtors by counsel, Robin L. Tolerton, Esquire, filed a motion to dismiss the complaint on the grounds the plaintiff has failed to state a claim upon which relief can be granted, for failure to plead fraud with particularity and for failure to plead facts upon which the matter can be determined.

Following argument on the motion to dismiss, the Court granted the…

2Cases cited10 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Foman v. DavisSupreme Court of the United States · 1962
  3. Steve Rodgers v. Lincoln Towing Service, Inc.Court of Appeals for the Seventh Circuit · 1985
  4. Deasy v. HillCourt of Appeals for the Fourth Circuit · 1987
  5. Gloria W. Walker v. South Central Bell Telephone CompanyCourt of Appeals for the Fifth Circuit · 1990

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3Cited by5 opinions

  1. BMC Industries, Inc. v. Barth Industries, Inc.Court of Appeals for the Eleventh Circuit · 1998
  2. Smith v. RaineyDistrict Court, M.D. Florida · 2010
  3. Matter of Rimsat, Ltd.United States Bankruptcy Court, N.D. Indiana · 1998
  4. Peyton v. First Citizens Corp. (In Re Veatch)United States Bankruptcy Court, E.D. Virginia · 1999
  5. BMC Industries v. Barth IndustriesCourt of Appeals for the Eleventh Circuit · 1998

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