Date of Decision:
October 18, 2013
Whether creditor's complaint under 11 U.S.C. § 523(a) should be dismissed under Fed.R.Civ.P. 12(b) as to a defendant who had been the debtor's pre-petition attorney?
Complaint was dismissed as to the defendant-attorney. The exceptions to discharge set forth in 11 U.S.C. § 523(a) do not create a cause of action except against a debtor in bankruptcy seeking a discharge of debts.
Full Bankruptcy Court Decision: