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.
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Bankruptcy Code
Bankruptcy Code
Bankruptcy Code
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.
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.