- FRBP
Dixon v. American Cmty. Bank & Trust (In re Gluth Bros. Constr.)
Nov
25
2009
Ruling
Trustee allowed to replead inadequate fraud complaint in adversary proceeding.
Procedural posture
Defendant creditor, the debtor's primary bank, moved to dismiss the adversary complaint brought by plaintiff chapter 11 trustee, and to strike certain claims. At issue was whether the trustee adequately plead the claims for relief under Fed. R. Civ. P. 8, or 9(b) as to claims alleging fraud, and should therefore be dismissed under Fed. R. Civ. P. 12(b)(6).
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Court
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