Legal Opinion
McDermott v. Keppler (In Re Keppler)
United States Bankruptcy Court, S.D. New York
Decided March 23, 1993No. 19-22183PublishedCited by 2 opinions
1Opinion of the Court
DECISION ON MOTION TO DISMISS COMPLAINT UNDER FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6)
HOWARD SCHWARTZBERG, Bankruptcy Judge.
The debtor, Franklin Richard Keppler, the defendant in this adversary proceeding, has moved under Federal Rule of Civil Procedure 12(b)(6) to dismiss the complaint filed by the plaintiff, Thomas McDermott, in which he objects to the dischargeability of his debt pursuant to 11 U.S.C. § 523(a)(6). The- plaintiff’s debt arises from injuries he sustained as a result of the debtor’s conduct. The debtor seeks a dismissal of the complaint on the ground that it fails to state a…
2Cases cited15 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Carter v. StantonSupreme Court of the United States · 1972
- Roth Steel Products, and Toledo Steel Tube Company, Cross-Appellants v. Sharon Steel Corporation, Cross-AppelleeCourt of Appeals for the Sixth Circuit · 1983
- In Re Clinton Melvin Ikner, Jr., Debtor. Linda L. Lee, F/k/a Linda Miller and Robert Peters v. Clinton Melvin Ikner, Jr.Court of Appeals for the Eleventh Circuit · 1989
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3Cited by2 opinions
- Wells v. Jennings (In Re Jennings)United States Bankruptcy Court, E.D. New York · 1995
- Taneff v. Hoehn (In Re Taneff)District Court, W.D. New York · 1996