Bankr. No.:
15-30018
Adv. No.:
20-3006
Chapter:
7
Date of Decision:
May 26, 2021
Issue:
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)?
Ruling:
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. ยง 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:
