23 B 8488, 23 A 387
Plaintiff filed an amended complaint in an adversary proceeding seeking to deny the Debtor a discharge under 11 U.S.C. § 727(a)(5) and seeking a finding that a debt owed to Plaintiff is nondischargeable under §§ 523(a)(2), (4), and (6).  The Debtor moved to dismiss the amended complaint, arguing that Plaintiff failed to state a claim for relief under Fed. R. Civ. P. 12(b)(6), as well as a failure to meet the heightened particularity requirements under Fed. R. Civ. P. 9.  Held: The amended complaint adequately states claims for relief.  The amended complaint adequately alleges all required elements for all counts and therefore the motion to dismiss is denied.  Throughout his motion, Defendant complained that the Amended Complaint contains nothing more than bare conclusions and must be dismissed, but ignored the fact that Plaintiff only must plead plausible claims.  Plaintiff pleaded plausible claims; proof will come at trial.