The Heag Pain Management Center, PA v. Davis (Adv. Pro. No. 20-02007)

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The plaintiff commenced an adversary proceeding against the defendant, requesting that the Court determine that the debt owed by the defendant to the plaintiff is nondischargeable under § 523(a)(2)(A).  After the Court dismissed the defendant’s underlying chapter 13 bankruptcy case and barred the defendant from refiling a petition under any chapter of title 11 for 180 days, the Court considered sua sponte whether it retained subject matter jurisdiction over the adversary proceeding.  The Court determined that the dischargeability action was no longer ripe for adjudication, given the dismissal of the defendant’s underlying bankruptcy case and the 180-day bar to refiling.  Therefore, the Court dismissed the adversary proceeding without prejudice.

Date: 
Thursday, June 25, 2020
Published: 
Yes
Index Heading: 
Discharge/Dischargeability