Opinion
Case No. 13-56279 Adv. Pro. No. 13-5372
02-21-2014
In re: RECHELA PATRICE HALL, Debtor. RICHARD B. HALL, et al., Plaintiffs, v. RECHELA PATRICE HALL, Defendant.
Chapter 13
Judge Thomas J. Tucker
ORDER DENYING, AS MOOT, DEFENDANT'S MOTION TO DISMISS
This case is before the Court on the Defendant's motion entitled "Motion to Dismiss Under Rule 12(b)(6) for Failure to State a Claim," filed January 28, 2014 (Docket # 18, the "Motion"). On February 18, 2014, Plaintiffs filed an amended complaint (Docket # 24). The amended complaint supersedes Plaintiffs' original complaint, and thereby renders Defendant's Motion moot.
Among other things, the amended complaint adds a count (Count VI) objecting to the Defendant's discharge under "11 U.S.C. § 727(a)(4)(1)." There is no such section in the Bankruptcy Code; presumably Plaintiffs intended to cite 11 U.S.C. § 727(a)(4)(A). The Court notes, however, that Defendant's bankruptcy case was converted from Chapter 7 to Chapter 13 on February 4, 2014 (see Order, Docket # 49 in Case No. 13-56279). Section 727 does not apply to Chapter 13 cases. See 11 U.S.C. § 103(b).
Accordingly,
IT IS ORDERED that the Motion (Docket # 18) is denied as moot.
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Thomas J. Tucker
United States Bankruptcy Judge