Date of Decision:
October 18, 2013
Whether creditor's nondischargeability complaint under 11 U.S.C. § 523(a)(2), (4), (5), and (15) should be dismissed against the debtor-defendant pursuant to Fed.R.Civ.P. 12(b)?
Complaint was dismissed under § 523(a)(2) and (a)(4) because it was not filed within 60 days after the first date set for the meeting of creditors, as required by Fed.R.Bankr.P. 4007(c). Complaint was dismissed under § 523(a)(5) and (a)(15) because creditor had not pled any facts showing it was the debtor's spouse, former spouse, or a governmental unit holding a domestic support obligation against the debtor or, as to § 523(a)(5), showing the debtor's spouse had assigned a domestic support claim to the creditor. Further, S.D.C.L. § 25-2-11 did not create the necessary debt owed to the creditor as the debtor's spouse, former spouse, or child.
Full Bankruptcy Court Decision: