Legal Question in Bankruptcy in California

After a complaint has been filed in a bankruptcy case by the plaintiff seeking to have

their judgment against defendant (myself) not discharged out of bankruptcy on the basis of fraud, can the defendant answer with a motion to dismiss?


Asked on 9/06/09, 12:11 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

I haven't seen it, but I suppose one could file a FRCP 12(b)(6) motion.

Usually, the debtor(s) will file an answer denying all material facts and asserting affirmative defenses, and then go through discovery to nail down the factual basis for the complaint under oath.

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Answered on 9/06/09, 12:35 pm


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