23 A 124, 23 B 2003
Plaintiff filed a complaint objecting to Debtor’s discharge under 11 U.S.C. §§ 523(a)(2)(A), (a)(6), and (a)(19).  Plaintiff alleged he invested money with the Debtor in 2018 and 2019 and only received a small repayment in return.  The complaint was dismissed with leave to amend.  In his amended complaint, Plaintiff alleges the investment was obtained through fraud and misrepresentations and that the Debtor never intended to provide a return or repayment of the investment.  Debtor filed a motion to dismiss the amended complaint.  Held: Plaintiff successfully stated a claim under §§ 523(a)(2)(A) and (a)(6) by making additional allegations with particularity sufficient to put the Debtor on notice of Plaintiff’s claims.  Plaintiff failed to state a claim under § 523(a)(19) by failing to plead that the alleged investment was a security and failing to make any allegations satisfying (a)(19)(b).  The court denied the motion to dismiss as to counts I and II and granted the motion as to count III, with leave to amend.