Janes v. Lyons (In re Lyons)
Mar
26
2010
Ruling
Nondischargeability complaint by former spouse sufficiently alleged fraud against debtor for fraudulent acceptance of maintenance payments to which debtor was no longer entitled.
Procedural posture
Plaintiff creditor filed a complaint seeking to except from discharge under 11 U.S.C.S. § 523(a)(2) and (6) an amount representing maintenance payments that a chapter 13 debtor allegedly improperly retained, although she was no longer entitled to them under a divorce decree. The debtor filed a motion to dismiss the complaint on the grounds that it failed to state a claim for relief.
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Court
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