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Barnes v. Vision Bank (In re Barnes)

Barnes v. Vision Bank (In re Barnes)

Ruling
Allegations of prepetition fraud concerning property only acquired after petition date could not be grounds for revocation of discharge.
Procedural posture

Debtor which had been granted a discharge, brought an adversary complaint seeking to avoid a judicial lien pursuant to 11 U.S.C.S. §§ 522(h) and 547(b). Defendant creditor filed an answer and counterclaim seeking to revoke the debtor's chapter 7 discharge pursuant to 11 U.S.C.S. § 727(d). The debtor moved to dismiss the counterclaim pursuant to Fed. R. Civ. P. 12(b)(6).

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Consumer opinion summary, case decided on March 24, 2010 , LexisNexis #0710-025