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V2R LLC v. Special Situations Fund IV LLC (In re Schneider)

V2R LLC v. Special Situations Fund IV LLC (In re Schneider)

Ruling
Debtor's motion to dismiss complaint was denied since nondischargeability claim was not barred by res judicata.
Procedural posture

Plaintiff creditors filed an action against defendant debtor alleging claims of fraud, breach of fiduciary duties, and embezzlement or larceny under 11 U.S.C. § 523(a)(2)(A) and (4). The debtor filed a motion to dismiss the complaint.

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opinion summary, case decided on March 23, 2006 , LexisNexis #0606-085