MBNA Am. Bank N.A. v. Gainey (In re Gainey)
Jun
07
2006
Ruling
Creditor did not prove that dismissal was warranted.
Procedural posture
Plaintiff creditor filed an amended complaint seeking to determine the dischargeability of a consumer debt pursuant to 11 U.S.C. § 523(a)(2). The creditor made a motion in its closing requesting that it be allowed to amend the amended complaint to assert causes of action pursuant to 11 U.S.C. § 727(a)(3), (4) and (6). The debtor asserted a counter claim under 11 U.S.C. § 523(d).
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Court
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