Hufford
Hufford v. Griesgraber (In re Griesgraber)
Opinion
Lead Opinion
Hargrove, J.
MEMORANDUM DECISION AND ORDER GRANTING DEFENDANT’S MOTION TO DISMISS
(Bankruptcy Rule of Procedure 7041) F.R.C.P. Section 41(b)
I.
INTRODUCTION
On April 13, 1983, John Griesgraber, the defendant in this case, filed his Voluntary Petition for Relief under Chapter 11 of the Bankruptcy Code. Thereafter, on August *654 13,1984, the plaintiff filed her Complaint to Determine Dischargeability of Debt and Objections to Discharge under 11 U.S.C. Section 523 (a). Although the Complaint failed to state with any specificity precisely what subsection of section 523 she relied on, it became apparent during the trial that the plaintiff alleges violations under Section 523(a)(2)(A) and 523(a)(6).
After plaintiff completed the presentation of her evidence, the defendant moved for dismissal of the case under Bankruptcy Rule of Procedure 7041. Plaintiff requested additional time to file written Points and Authorities in opposition to the Motion and defendant requested additional time to submit written Points and Authorities in opposition thereto. The matter was then taken under submission.
II.
STATEMENT OF FACTS
On or about October 6, 1979, plaintiff entered into a written Listing Agreement…