ORDER DENYING MOTION TO DISMISS TOM R. CORNISH , Bankruptcy Judge . Before the Court is Defendant's Motion to Dismiss Plaintiff's Amended Complaint for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6). This Court held a hearing on Defendant's Motion and Plaintiff's objection on November 14, 2018 and took the matter under advisement. After review, this Court finds that the motion to dismiss should be denied. Rule 12(b)(6) of the Federal Rules of Civil Procedure is made...
MEMORANDUM OPINION TOM R. CORNISH , Bankruptcy Judge . Plaintiff Pinnacle Agriculture Distribution, Inc. ("Pinnacle") seeks a determination that Defendant Othel H. Gamble, Jr. should be denied a discharge of his debts pursuant to 11 U.S.C. 727(a)(2)(A), (2)(B), (3), (4)(A), and (5). Alternatively, Pinnacle seeks to except his debt from discharge pursuant to 11 U.S.C. 523(a)(2)(A). A trial on the merits was held jointly with Pinnacle's adversary case against Othel Gamble's brother and...
MEMORANDUM OPINION TOM R. CORNISH , Bankruptcy Judge . Plaintiff Pinnacle Agriculture Distribution, Inc. ("Pinnacle") seeks a determination that Defendant Michael G. Gamble should be denied a discharge of his debts pursuant to 11 U.S.C. 727(a)(2)(A), (2)(B), (3), (4)(A), and (5). Alternatively, Pinnacle seeks to except his debt from discharge pursuant to 11 U.S.C. 523(a)(2)(A). A trial on the merits was held jointly with Pinnacle's adversary case against Michael Gamble's brother and...
