Will my Motion to Dismiss in Adversary Proceeding of Bankruptcy Chapter 7 be granted? 16 Answers as of August 10, 2011

"As the Defendant, I filed a motion to dismiss 12(b)(6). Plaintiff's complaint was 523(a)(2)(A) and 523(a)(6). The judge denied plaintiff's complaint 523(a)(6) and granted Plaintiff 30 days to re-plead their 523(a)(2)(A) with the required particularity. Plaintiff has not filed their amended complaint within the 30 day deadline allowed. Can I make a motion to have Plaintiff's case dismissed with prejudice for failure to state a claim as well as missing the deadline.
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Heupel Law
Heupel Law | Kevin Heupel
You can make your motion, but whether it will be granted is the judge's sole discretion.
Answer Applies to: Colorado
Replied: 8/10/2011
Lake Forest Bankruptcy
Lake Forest Bankruptcy | Anerio V. Altman, Esq.
Yes. Make sure you follow all procedures to notice the motion appropriately. Get it on file ASAP.
Answer Applies to: California
Replied: 8/7/2011
Mankus & Marchan, LTD
Mankus & Marchan, LTD | Tony Mankus
Only a bankruptcy attorney familiar with the details of your case can advise you on those specific issues.
Answer Applies to: Illinois
Replied: 8/7/2011
Eric J. Benzer, Attorney at Law
Eric J. Benzer, Attorney at Law | Eric Benzer
Could be
Answer Applies to: Maryland
Replied: 8/6/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
YES. file your motion.
Answer Applies to: California
Replied: 8/6/2011
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    The claim would likely not be barred with prejudice under the circumstances but it could certainly be dismissed for lack of prosecution.
    Answer Applies to: Indiana
    Replied: 8/6/2011
    Ross Smith, Attorney at Law
    Ross Smith, Attorney at Law | Charles Ross Smith III
    It's hard to tell if the judge will dismisss in your case. One would have to see the actual motions involved to give an intelligent opinion. Wait and see is probably the best answer. Judges are sometimes reluctant to to deny on a technicality a request that they think is basically a good request. Be patient. By the way, you are not really defending an adversary action in Bankruptcy Court with an attorney. are you? That would be a real bad idea. Good luck.
    Answer Applies to: Ohio
    Replied: 8/6/2011
    Eranthe Law Firm
    Eranthe Law Firm | Cate Eranthe
    Make your motion and see what happens. No one can tell you what the judge will do.
    Answer Applies to: California
    Replied: 8/6/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    A motion to dismiss an adversary proceeding can be granted for several reasons, including lack of prosecution and failure to state a cause of action.
    Answer Applies to: California
    Replied: 8/6/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    You can file a motion to dismiss and hope the judge grants it.
    Answer Applies to: California
    Replied: 8/5/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    If the court's order did not provide a time deadline with a dismissal (which they usually do not) I would file the motion.
    Answer Applies to: California
    Replied: 8/5/2011
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