Vous êtes sur la page 1sur 3

1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

8 UNITED STATES BANKRUPTCY COURT

9 ________ DISTRICT OF ______

10

11 IN RE: ________________, ) Case No.


)
12 Debtors, ) Chapter 7
)
13 Any Plaintiff ) Adv. Proc No.
)
14 Plaintiff, ) NOTICE OF MOTION AND MOTION FOR LEAVE
) TO AMEND ADVERSARY COMPLAINT;
15 vs. ) MEMORANDUM OF POINTS AND
) AUTHORITIES; DECLARATION OF _________;
16 Any Defendant, ) EXHIBITS
)
17 Defendant. ) DATE:
) TIME:
18 ) PLACE:
)
19

20 TO DEFENDANT, ____________________________________________
21
AND HIS ATTORNEYS OF RECORD:
22
PLEASE TAKE NOTICE that on ________, at ______M. in Courtroom _____ of the
23
above-entitled Court located at ___________________________, Plaintiff_______________ will
24

25 move this Court for an Order granting them leave to amend their adversary complaint against

26 Defendant.
27

28

- 1 -
NOTICE OF MOTION AND MOTION FOR LEAVE TO AMEND ADVERSARY COMPLAINT
1 This Motion will be made pursuant to Federal Rule of Bankruptcy Procedure 7015 and 7016
2 on the grounds that leave to amend should be liberally granted, and as the Court has not issued any
3
pre-trial scheduling order stating a deadline to amend any pleadings that the more liberal standard of
4
Federal Rule of Civil Procedure 15 should apply.
5

6
This Motion is being heard on regular notice pursuant to Local Bankruptcy Rule 9013-1.

7 If you wish to oppose this Motion, you must file a written response with the Bankruptcy Court and

8 serve a copy of it upon the Movant or Movants attorney at the address set forth above no less than
9
fourteen (14) days prior to the above hearing date. If you fail to file a written response to this Motion
10
within such time period, the Court may treat such failure as a waiver of your right to oppose the
11
Motion and may grant the requested relief.
12

13 This Motion shall be based upon this Notice, the attached Memorandum of Points and

14 Authorities, the declaration of _____________ and Exhibits attached thereto, the complete files and
15
records of this action, and such other evidence as may be presented at the hearing on this Motion.
16

17 Dated_________________________ _______________________________________
ANY ATTORNEY OR PARTY
18

19
Be sure to modify these paragraphs to suit your individual
20

21
situation. Do NOT just use the wording here unless it definitely applies
22

23 to your particular situation.


24

25

26

27

28

- 2 -
NOTICE OF MOTION AND MOTION FOR LEAVE TO AMEND ADVERSARY COMPLAINT
1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
3
STATEMENT OF FACTS
4
Plaintiff filed their adversary complaint against Defendant on _____________ with causes of
5

6
action for non-dischargeability under 11 U.S.C. 523(a)(2) and for objection to discharge under 11

7 U.S.C. 727.

8 The original complaint was filed pro se, and as such was drafted by a layperson. In fact,
9
Defendants counsel stated in the Joint Status Conference Report that he reserved the right to file a
10
motion for judgment on the pleadings. Plaintiff also stated that they intended to file a motion for
11
leave to amend their complaint. See the Joint Status Conference Report filed with the Court on
12

13 ________________

14 At the Joint Status Conference on ___________ the Court scheduled the trial date for
15
_________________. The Court did not make any pre-trial scheduling order regarding any deadline
16
to file an amended pleading.
17
Plaintiff contends that as the Court has not issued any pre-trial scheduling order stating a
18

19 deadline to amend any pleadings that the more liberal standard of Federal Rule of Civil Procedure 15

20 should apply.
21
To purchase the entire document visit:
22

23 https://legaldocspro.myshopify.com/products/sample-motion-for-leave-
24
to-amend-adversary-complaint-in-united-states-bankruptcy-court
25

26

27

28

- 3 -
NOTICE OF MOTION AND MOTION FOR LEAVE TO AMEND ADVERSARY COMPLAINT

Vous aimerez peut-être aussi