Court denied Debtor's motion to dismiss because (1) Plaintiff did not fail to join a necessary party--Plaintiff acquired original lender's rights by virtue of a company merger--and (2) Plaintiff alleged sufficient facts related to Debtor's lack of intent to pay for credit card debts incurred to state a claim for fraud under Code Section 523(a)(2); however, the Court recognized that Plaintiff's theories based on implied misrepresentations, objective intent to pay, and credit card kiting do not state a claim under 523(a)(2).
File:
Judge:
Date:
12/04/2012