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Motion To Dismiss Adversary Filed In Case Where No Adversary Needed
I have filed similar adversary complaints when the issues is, Is this debt spousal support? was the debt incurred as part of a marital disso?
Why not just stipulate to non-dischargeability? I'll ask Ray Aver if he would stipulate. ha ha
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> Chapter 7 Client was served with an "Adversary Complaint to Determine Dischargeability of Debt Under Sections 523(a)(5) and (15). These of course, are not discharged without an adversary.
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> How best to respond? Motion to dismiss FRCP Rule 12(b)(6) (failure to state a claim upon which relief can be granted)? Rule 12(f), Motion to Strike as being "redundant". Both. Judge ES. Anyone ever run into any case law on this?
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> Thanks,
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> Jeff Smith
>
The post was migrated from Yahoo.
Chapter 7 Client was served with an "Adversary Complaint to Determine Dischargeability of Debt Under Sections 523(a)(5) and (15). These of course, are not discharged without an adversary.
How best to respond? Motion to dismiss FRCP Rule 12(b)(6) (failure to state a claim upon which relief can be granted)? Rule 12(f), Motion to Strike as being "redundant". Both. Judge ES. Anyone ever run into any case law on this?
Thanks,
Jeff Smith
The post was migrated from Yahoo.