(Bankr. E.D. Ky. Dec. 27, 2016)
The bankruptcy court dismisses the creditor’s non-dischargeability complaint under 11 U.S.C. § 523(a)(2)(A) and (a)(6). The creditor conceded that the debt was based on a breach of contract claim. However, the creditor alleged the debt was converted to a non-dischargeable debt based on the debtor’s post-judgment efforts to avoid collection. The court finds that the creditor failed to state a claim in part because the alleged behavior did not result in the debt sought to be declared non-dischargeable. Opinion below.
Attorneys for Plaintiff: DelCotto Law Group PLLC, Laura Day DelCotto
Attorney for Defendant: Michael B. Baker