FIA Card Services, N.A. v. Thavisack

Plaintiff's Motion for Judgment on the Pleadings

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In the recent case of Ashcroft v. Iqbal, the United States Supreme Court changed the standard upon which federal court judges use to evaluate the sufficiency of the factual allegations of a complaint. In order for a complaint of survive a motion to dismiss under Rule 12(b)(6) or a motion for judgment on the pleadings, the complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.

Under the Ashcroft case, the court must accept as true all of the allegations contained in a complaint, but not legal conclusions. "Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice."

I successfully used this motion to challenge boilerplate adversary proceeding complaints commonly filed in bankruptcy proceedings to challenge a debtor's right to receive a discharge. The bankruptcy judge agreed the arguments raised in the motion and ordered the plaintiff's attorney to allege more specific facts about the alleged grounds for asking the debt to be declared nondischargeable.

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Published In: Bankruptcy Updates, Civil Procedure Updates

Reference Info:Pleadings | Federal, 9th Circuit, California | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Law Offices of Carl H. Starrett II | Attorney Advertising

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