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Chizk v. Ramon (In re Ramon)

Chizk v. Ramon (In re Ramon)

Ruling
Complaint claiming nondischargeability for breach of fiduciary duty dismissed due to insufficiently pled facts to establish debtor's alleged fiduciary status.
Procedural posture

Creditor filed a second amended complaint asking that defendant chapter 7 debtors be denied a discharge under 11 U.S.C.S. § 727 and that their debt to her be declared nondischargeable under 11 U.S.C.S. § 523(a)(2) and (a)(4). The debtors filed a motion to dismiss pursuant to Fed. R. Civ. P. 9(b) and Fed. R. Bankr. P. 7009. The debtors also sought attorney's fees under 11 U.S.C.S. § 523(d).

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Consumer opinion summary, case decided on February 03, 2009 , LexisNexis #0310-088