7015

A Flatfooted Mistake Isn’t Remedied by Equity or Relation Back, BAP Says

Absent a good excuse for misfiling a complaint, the bankruptcy court properly dismissed a complaint as untimely.
Court: 
9th Circuit

Heightened Pleading Requirements Kick In on Nondischargeability for Fraud, Circuit Says

Merely pleading a false statement under oath won’t beat a motion to dismiss for failure to state a claim, Fifth Circuit says.
Court: 
5th Circuit

Filing a Dischargeability Motion Rather Than a Complaint Is Not Fatal

Relation-back kicks in if an earlier motion contains the elements of a complaint.
Court: 
11th Circuit

Pages

© American Bankruptcy Institute. All rights reserved. ABI is a (501)(c)(3) non-profit business (52-1295453)