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Rule 7015

Gamble v. Mendenhall (In re Mendenhall)

Ruling
Untimely nondischargeability proceeding related back to earlier timely but improperly filed proceeding.
Issue(s)
Should post-bar date, postdischarge nondischargeability complaint be dismissed as untimely when an earlier timely complaint had been improperly filed?

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Consumer opinion summary, case decided on September 18, 2014 , LexisNexis #1014-070

Scherer v. Quality Communs. Inc. (In re Quality Communs. Inc.)

Ruling
Trustee was denied motion to amend complaint due to the untimely filing of the motion and the undue prejudice to the defendants.
Procedural posture

Plaintiff chapter 7 trustee asserted claims against defendants under 11 U.S.C. § 548 and 11 U.S.C. § 547. The trustee filed a motion for leave to file an amended complaint.

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opinion summary, case decided on March 29, 2006 , LexisNexis #0406-103

Nosek v. Ameriquest Mortg. Co. (In re Nosek)

Ruling
Motion to amend the pleadings was again denied since the debtor failed to allege any newly discovered eveidence, any error of law, or any change in the law.
Procedural posture

Plaintiff debtor filed a motion pursuant to Fed. R. Civ. P. 59(c) and Fed R. Bankr. P. 9023 for reconsideration of the bankruptcy court's denial of her motion pursuant to Fed. R. Bankr. P. 7015(b) to amend the pleadings to conform to the evidence.

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opinion summary, case decided on March 21, 2006 , LexisNexis #0406-104