Bankr. No.:
98-40524
Adv. No.:
98-4051
Chapter:
13
Date of Decision:
November 19, 1998
Issue:
Whether dischargeability complaint under § 523(a)(2)(A) should be dismissed where Debtor was in Chapter 13?
Ruling:
Complaint was dismissed without prejudice. Fraud based debts that may be non dischargeable under § 523(a)(2)(A) in Chapter 7 are dischargeable in Chapter 13 if a plan is completed. If the case converts from Chapter 13 to Chapter 7, Plaintiff can then file his complaint.
Full Bankruptcy Court Decision:
