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Smith v. Burgos (In re: Burgos), BK 14-12874, AP 15-1020, Doc #11

The Court denied creditor's motion for default judgment for failure to plead sufficient facts.  The plaintiff-creditor had filed a complaint objecting to the debtors' discharge pursuant to section 727, and sought a determination that the debt owed to her was exempt from discharge pursuant to either section 523(a)(6) or (a)(2).  The creditor was the debtors' former landlord, who had obtained a judgment against the debtors for damage done to the rental property.  Because the creditor had not plead sufficient facts to support a claim under any of those three causes of action, the Court denied the motion for default judgment.

Date: 
11/09/2015