Boatmen's Bank of Pulaski County v. Smith (In Re Smith)

MEMORANDUM OPINION AND ORDER

JOEL PELOFSKY, Bankruptcy Judge.

In this adversary proceeding Boatmen’s Bank of Pulaski County, hereinafter Bank, filed two pleadings. In one the Bank alleged that it loaned money to debtors based upon financial statements which were materially false. In the other it sought relief from the stay alleging that debtors had converted the collateral. The Bank also sought in this second pleading a determination that the debt was not dischargeable. Both pleadings were filed by the Clerk as a single action.

Thereafter the Bank filed another petition in this same action…