Goldstein v. Zilberbrand (In re Zilberbrand)

A. Benjamin Goldgar, United States Bankruptcy Judge

Before the court for ruling is the motion of defendant Jason Lewis Zilberbrand under Rule 12(b)(6) of the Federal Rules of Civil Procedure, Fed. R. Civ. P. 12(b)(6) (made applicable by Fed. R. Bankr. P. 7012(b) ) to dismiss the complaint of chapter 7 trustee Ilene Goldstein for failure to state a claim. In her complaint, Goldstein asks to have Zilberbrand's discharge revoked under section 727(d)(1) of the Bankruptcy Code, 11 U.S.C. § 727(d)(1), because he obtained the discharge through fraud.

For the reasons below, Zilberbrand's motion will be…