Herbert v. Davies (In re Davies)

MEMORANDUM OF OPINION GRANTING IN PART AND DENYING IN PART PLAINTIFF’S MOTION FOR SUMMARY ADJUDICATION (Docket # 23)

GERALDINE MUND, Bankruptcy Judge.

Background:

Plaintiff Paul Herbert (“Plaintiff’) commenced an adversary complaint against debtors Donald and Pamela Davies (“Debtors”) on 2/1/11, pursuant to 11 USC § 523(a)(2), (a)(4), and (a)(6) (and also sought a determination under § 524 that, even if the debt is not declared nondis-chargeable as to one Debtor, the nondis-chargeability should extend to community property of Debtors).

After the Court granted Debtors’ initial motion to dismiss…