Sample Motion to Dismiss Adversary Complaint Objecting to Discharge under section 727

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This sample motion to dismiss an adversary complaint objecting to discharge under section 727 is for use by a defendant who has been served with an adversary complaint objecting to their discharge in a Chapter 7 Bankrupty Case can be used in ANY State within the jurisdiction of the Ninth Circuit Court of Appeals. The motion is made on the grounds that the creditor has failed to state a claim for relief under section 727. The motion has been revised and updated in December 2016 and includes a memorandum of points and authorities with citations to case law and statutory authority, brief instructions and a proof of service by mail.

The author is a freelance paralegal that has worked in California and Federal litigation since 1995 and has used this sample for many years.  Note that the author is NOT an attorney and no guarantee or warranty is provided.