Plaintiffs sought a determination that the debt owed to them is nondischargeable under 11 U.S.C. § 523(a)(2)(A). Debtor moved to dismiss under Fed. R. Civ. P. 12, made applicable by Fed. R. Bankr. P. 7012. He asserted the complaint failed to state a cause of action and the Plaintiffs were collaterally estopped. The Debtor also filed various affidavits. Plaintiffs responded to the motion with supporting affidavits. The submission of affidavits and documents converted the motion to dismiss to a summary judgment motion (pursuant to Fed. R. Bankr. P. 56, made applicable by Fed. R. Bankr. P. 7056). The Court further determined collateral estoppel did not apply because the state court did not address Plaintiffs’ causes of action for fraud and misrepresentation. The motion was denied.
Fed. R. Civ. P. 12(c); Fed. R. Bankr. P. 7012 -- Judgment on the Pleadings
Fed. R. Civ. P. 56(c); Fed. R. Bankr. P. 7056 -- Summary Judgment
Conversion of Motion to Dismiss