Kansas ex rel. Gordon v. Oliver (In re Oliver)

Order Denying Defendant’s Motion to Dismiss

Janice Miller Karlin, United States Bankruptcy Judge

Plaintiff Kansas Department of Labor (“KDoL”) seeks a declaratory judgment that its claim against Defendant/Debtor Dan Henry Oliver, Jr., arising from an administrative determination that Debtor fraudulently received unemployment insurance benefit overpayments (“unemployment benefit overpayments”), is nondis-chargeable. Debtor moves to dismiss KDoL’s complaint under Fed. R. Civ.P. 12(b)(6)1 for failure to state a claim upon which relief can be granted, arguing that the statute of limitations…