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Rule 7012(d)

Pope v. Bataille (In re Bataille)

Ruling
Nondischargeability proceeding dismissed where creditor abandoned underlying state court action against debtor.
Procedural posture

Creditor filed a complaint against chapter 7 debtor seeking a determination that a debt was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A) and /or (a)(7). The debtor filed a motion to dismiss pursuant to Fed. R. Bankr. P. 7012, which the court treated as a motion for summary judgment under Fed. R. Bankr. P. 7056.

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Consumer opinion summary, case decided on February 16, 2012 , LexisNexis #0312-104