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1 Any Attorney or Party

Any Street
2 Any Town, CA 90000

3 949-555-5555

4 Any Attorney or Party

8 UNITED STATES BANKRUPTCY COURT

9 _________ DISTRICT OF _______

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11 IN RE: ANY PARTY, ) Case No.


)
12 Debtor, ) Chapter 7
)
13 ANY PARTY, ) Adv. Proc No.
)
14 Plaintiff, ) NOTICE OF MOTION AND MOTION TO DISMISS
) FOR FAILURE TO STATE A CLAIM, OR IN THE
15 vs. ) ALTERNATIVE FOR A MORE DEFINITE
) STATEMENT; MEMORANDUM OF POINTS AND
16 ANY PARTY, ) AUTHORITIES
)
17 Defendant. ) DATE:
) TIME:
18 ) DEPT:
)
19 )
)
20 )

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address. Be sure to remove this notice before using this document.
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26 TO PLAINTIFF, _______________ AND HIS ATTORNEYS OF RECORD:


27 PLEASE TAKE NOTICE that on ________, at ______M. in Courtroom of the
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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

8 of Bankruptcy Procedure 7012(e).


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This Motion shall be based upon this Notice, the attached Memorandum of Points and
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Authorities, the complete files and records of this action, and such other evidence as may be
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presented at the hearing on this Motion.
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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

14 claim, or in the alternative require Plaintiff to provide a more definite statement.


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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