Motion To Dismiss Adversary Filed In Case Where No Adversary Needed
Posted: Thu Mar 24, 2011 8:35 am
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
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The post was migrated from Yahoo.