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Pope v. Bataille (In re Bataille)

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.
Nondischargeability proceeding dismissed where creditor abandoned underlying state court action against debtor.
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Consumer case opionion summary, case decided on February 16,2012, LexisNexis #0312-104