23 B 8488, 23 A 387
Plaintiff filed an adversary proceeding seeking to deny the debtor a discharge under 11 U.S.C. §  727(a)(5) and finding that a debt owed to Plaintiff is nondischargeable under § § 523(a)(2), (4), and (6).  The debtor moved to dismiss the complaint, arguing the claims were time barred and that plaintiff failed to state a claim for relief under Fed. R. Civ. Proc. 12(b)(6).  HELD: The question of the dischargeability of a debt under the bankruptcy code is governed by the limitations periods established by bankruptcy law, not by the state statute of limitations on fraud. Therefore, the motion is denied as to dismissing the complaint for being time barred. However, the complaint fails to state a claim for relief. The complaint fails to sufficiently allege at least one element required for all counts and therefore the complaint is dismissed in its entirety. Plaintiff is given leave to amend.