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NOTICE OF MOTION AND MOTION TO DISMISS
1 above-entitled Court located at ___________________________, Defendant _________ will move
2 this Court for an Order dismissing the First Amended Complaint, or in the alternative for an Order
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requiring Plaintiff to provide a more definite statement.
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This Motion will be made on the grounds that Plaintiff has failed to state a claim upon which
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relief can be granted under the Federal Rules of Bankruptcy Procedure 7012(b)(6), or in the
7 alternative that Plaintiff should be required to provide a more definite statement under Federal Rules
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14 Dated_________________________ _______________________________________
ANY ATTORNEY OR PARTY
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NOTICE OF MOTION AND MOTION TO DISMISS
1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
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STATEMENT OF FACTS
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Plaintiff has filed a First Amended adversary complaint against Defendant. The complaint has
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one cause of action, for non-dischargeability under 523(a)(2)(4) or (6).
7 Defendant contends that the First Amended Complaint fails to state any cause of action under
8 any of the three (3) separate statutes, that it fails to allege with particularity the circumstances of any
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fraud as required by Rule 9(b). Also it is so vague and ambiguous that Defendant cannot reasonably
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prepare a proper response as Plaintiff is in fact attempting to graft three different causes of action into
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one.
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13 Defendant requests that the Court dismiss the First Amended Complaint for failure to state a
17 https://legaldocspro.myshopify.com/products/sample-motion-to-
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dismiss-adversary-complaint-for-fraud
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NOTICE OF MOTION AND MOTION TO DISMISS