Date of Decision:
May 26, 2021
Whether certain counts of the plaintiff/case trustee's nine-count adversary complaint against the debtor's former attorney should be dismissed under Fed.R.Bankr.P. 7012(b) and Fed.R.Civ.P. 12(b)?
Five of the six challenged counts of the adversary complaint were dismissed, most because the plaintiff/case trustee's claims were time-barred and one because 11 U.S.C. § 521(a)(3) does not require a debtor's attorney to cooperate with the case trustee. The count alleging fraud was not dismissed.
Full Bankruptcy Court Decision: