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.
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
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