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Brown v. Stuart C. Irby Co. (In re Brown)

Brown v. Stuart C. Irby Co. (In re Brown)

Ruling
Late-filed amendment in nondischargeability proceeding alleging fraud dismissed.
Procedural posture

Creditor timely filed a complaint against debtor seeking a declaration that a debt owed to the creditor was excepted from discharge under 11 U.S.C.S. § 523(a)(4). More than five months later, creditor filed an amended complaint in which it asserted that the debt was excepted from discharge under 11 U.S.C.S. § 523(a)(2), included claims arising under state law. The debtor sought dismissal of the new claims.

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Consumer opinion summary, case decided on July 03, 2013 , LexisNexis #0713-117