Plikaytis
Plikaytis v. Roth
Opinion
Lead Opinion
Bashant, J.
On December 9, 2014, Appellant James Marvin Roth appealed a bankruptcy court’s determination that a portion of his debt owed to Appellee A nice M. Plikaytis’ was excepted from discharge. After reviewing the parties’ briefing and the bankruptcy court’s judgment, this Court affirms the bankruptcy court.
*68 I.Procedural Background
Plikaytis successfully sued Roth in California state court in 2009. She was awarded damages against Roth and other defendants. Roth filed for Chapter 11 bankruptcy on May 3, 2010. R. 4.
Plikaytis then filed a complaint, with attached exhibits, objecting to the dis-chargeability of the state court judgment. R. 3-18. Plikaytis alleged the judgment was nondischargeable because it was based on fraud under 11 U.S.C. § 523 (a)(2), 11 U.S.C. § 523 (a)(4), and 11 U.S.C. § 523 (a)(6) (counts 1, 2, and 3, respectively). Compl. ¶4^)-(0). Plikaytis prayed for the full amount of the judgment, $4,126,844.86, plus interest. R. 4,18.
Her initial complaint was improperly served and failed to state a claim, so the bankruptcy court dismissed it with leave to amend. R 45-50, 55.
Plikaytis’ amended complaint, filed March 3, 2011, set forth six claims for relief.…