1998 #21, Karunaratne, 11-18-98

In re: DAVID BENNING V. GASPER M. KARUNARATNE (IN RE KARUNARATNE); Bankr. No. 98-40524, Adversary No. 98-4051, Chapter 13;

As discussed in Defendant-Debtor's Answer, Plaintiff's Complaint may be pre-mature. Since Debtor is in a Chapter 13, debts described under 11 U.S.C. § 523(a)(2)(A) may be discharged upon completion of the confirmed plan. The only debts under § 523(a) that are excepted in a Chapter 13 discharge are those described in (a)(5), (8), and (9). See 11 U.S.C. § 1328(a).

If Debtor's case converts to a Chapter 7, all creditors will be given the opportunity to file appropriate Chapter 7 discharge and dischargeability complaints. Those deadlines do not expire during the Chapter 13.

Therefore, I intend to dismiss Plaintiff's Complaint without prejudice absent persuasive argument and supporting case law from Plaintiff that indicates this § 523(a)(2)(A) adversary proceeding should continue while Debtor is in Chapter 13. Any response to this initial letter decision by Plaintiff should be filed by December 4, 1998. Defendant-Debtor may file a response within five days of service of any response by Plaintiff. If Plaintiff does not timely respond, I will presume that he has consented to the dismissal without prejudice.

The December 1, 1998 pre-trial will be canceled.