Westbrook v. Westbrook (In re Westbrook)

Nondischargeability proceeding dismissed where fraud claim was time barred under state law.
Procedural posture: 
Plaintiff creditor filed a complaint against defendant chapter 7 debtors seeking to except her unsecured claim from discharge under 11 U.S.C.S. § 523(a)(2) and (a)(4). The debtors filed a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6) and Fed. R. Bankr. P. 7012(b) on the grounds that the claim was time-barred.
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Consumer case opionion summary, case decided on May 19,2010, LexisNexis #0810-010