Header October 3, 2024 ************************************** ************************************** Effective immediately the document collections will no longer be available via the online store. We apologize for any inconvenience, but circumstances have changed to the extent that we must do this in order to protect our business operations. ************************************** ************************************** We have found another way of meeting your needs for any of the following collections. ************************************** ************************************** California discovery document collection, California divorce document collection, California Eviction Defense Document Collection, California judgment recovery document collection, California law and motion document collection, California Legal (formerly Super) Document Collection, Federal legal document collection, Platinum sample legal document collection ************************************** ************************************** Please contact us if you have a need for one or more of these document collections. You can purchase these collections directly from us by contacting us at burman-enterprises@sbcglobal.net. ************************************** ************************************** Important changes have been made to our 30-day Money Back Guarantee. Please review or Refund Policy. ************************************** ************************************** Here are two one-time use codes that you may use to save on your next document purchases from us from now until 12a PT, on Dec 11, 2024. ************************************** Save 25% off any purchase of $95 or more to qualify with this code, YSDSWEWAQV0Y. ************************************** And, Save 20% off any purchase with no minimum requirement to qualify with this code, G4Y686CX74HP. ************************************** Yes, you may use both discount codes, but they must be on separate orders. ************************************** **************************************

Motion for judgment on the pleadings in an adversary proceeding

by Stan Burman

A motion for judgment on the pleadings in an adversary proceeding is the topic of this blog post.

A motion for judgment on the pleadings in an adversary proceeding in Bankruptcy Court is authorized by Rule 12(c) of the Federal Rules of Civil Procedure and Rule7012(c) of the Federal Rules of Bankruptcy Procedure (Rule 12(c)).  Under Rule 12(c), "a party may move for judgment on the pleadings" after the pleadings are closed "but early enough not to delay trial."

Grounds for motion for judgment on the pleadings in an adversary proceeding.

A motion for judgment on the pleadings in an adversary proceeding is similar to a motion for judgment on the pleadings in California as a Rule 12(c) motion can be filed even after an answer to the complaint has been filed.

The Ninth Circuit Court of Appeals has stated that a Rule 12(c) motion for judgment on the pleadings is functionally identical to a Rule 12(b)(6) motion to dismiss for failure to state a claim, and the same legal standard applies.

In fact untimely motions to dismiss are sometimes treated as a motion for judgment on the pleadings. See Elvig v. Calvin Presbyterian Church, 375 F.3d 951, 954 (9th Cir. 2004).

The Ninth Circuit Court of Appeals has stated in several cases that a judgment on the pleadings is a decision on the merits.

The Ninth Circuit Court of Appeals has stated that judgment on the pleadings can be granted in situations where the moving party has clearly established on the face of the pleadings that there are no material issues of fact to be resolved and the moving party is entitled to judgment as a matter of law.

However a motion for judgment on the pleadings in an adversary proceeding as with a motion to dismiss is not easily granted as the Ninth Circuit Court of Appeals has stated that the allegations of fact asserted by the opposing party are accepted as true and will be construed in the light most favorable to the opposing party.

A motion for judgment on the pleadings in an adversary proceeding in United States Bankruptcy Court under Rule 12(c) can be a very useful tool if used in the right situation.  However the moving party must clearly establish that no material issues of fact need be resolved, and that they are entitled to judgment as a matter of law.

Sample motion for judgment on the pleadings in an adversary proceeding in United States Bankruptcy Court for sale.

Attorneys or parties that would like to view a portion of an 11 page sample motion for judgment on the pleadings in an adversary proceeding in United States Bankruptcy Court containing brief instructions, a memorandum of points and authorities with citations to case law and statutory authority and proof of service can see below.

Sample Motion for Judgment on the Pleadings in United States Bankruptcy Court by Stan Burman on Scribd

 

The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.

For licensed attorneys and law firms that need assistance with any California or Federal litigation matters, Mr.  Burman is available on a freelance basis. Mr. Burman may be contacted by e-mail at DivParalgl@yahoo.com for more information. He accepts payments through PayPal which means that you can pay using most credit or debit cards.

Do you want to use this article on your website, blog or e-zine? You can, as long as you include this blurb with it: “Stan Burman is the author of over 300 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. You can receive 10 free gifts just for subscribing. Just visit freeweeklylegalnewsletter.gr8.com/ for more information.

Follow Stan Burman on Twitter at:

https://twitter.com/LegalDocsPro

DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

 

 

 

Back to Blog from LegalDocsPro