Legal Opinion
Privitera v. Curran (Curran)
Bankruptcy Appellate Panel of the First Circuit
Decided August 4, 2016No. BAP NO. MW 15-051; Bankruptcy Case No. 14-42811-CJP; Adversary Proceeding No. 15-04024-CJPPublishedCited by 16 opinions
1Opinion of the Court
Deasy, U.S. Bankruptcy Appellate Panel Judge.
This appeal arises from an adversary proceeding in which Carolyn Privitera (“Privitera”) sought a determination that a debt owed to her by the debtor, Joseph Curran (“Curran”), was nondischargeable pursuant to § 523(a)(2)(B).1 Curran filed a motion to dismiss the complaint for failure to state a claim under Rule 12(b)(6) and Bankruptcy Rule 7012. Privitera objected to the motion, and also sought to amend the complaint to add a count under § 523(a)(2)(A). After a hearing, the bankruptcy court denied Privitera’s motion to amend, granted the motion to…
2Cases cited41 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Field v. MansSupreme Court of the United States · 1995
- Budinich v. Becton Dickinson & Co.Supreme Court of the United States · 1988
- Glassman v. Computervision Corp.Court of Appeals for the First Circuit · 1996
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3Cited by16 opinions
- Privitera v. CurranCourt of Appeals for the First Circuit · 2017
- Dewitt v. StewartCourt of Appeals for the First Circuit · 2020
- Whitcomb v. Smith (Smith)Bankruptcy Appellate Panel of the First Circuit · 2017
- McGuinness v. Gannon (In re Gannon)United States Bankruptcy Court, D. Massachusetts · 2019
- Banco Cooperativo de P.R. v. Herrera (In re Herrera)Bankruptcy Appellate Panel of the First Circuit · 2018
11 more not listed; retrieve them via the Exa API.