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Legal Opinion

Hadlock v. Dolliver (In Re Dolliver)

United States Bankruptcy Court, D. Maine

Decided November 16, 2000No. 17-10273PublishedCited by 12 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

JAMES B. HAINES, Jr., Chief Judge.

Before me is the debtors’ motion to dismiss Dale Hadlock’s complaint seeking revocation of their Chapter 7 discharge. For the reasons set forth below, the motion to dismiss will be granted.

DISCUSSION

1. Motion to Dismiss Standard

The manner in which a trial court judge considers a motion to dismiss has been carefully explained by our district court:

A motion to dismiss is designed to test the legal sufficiency of the complaint, and thus does not require the Court to examine the evidence at issue. Goldman v. Belden, 754 F.2d 1059, 1067 (2d…

2Cases cited18 opinions

  1. Holmberg v. ArmbrechtSupreme Court of the United States · 1946
  2. Lampf, Pleva, Lipkind, Prupis & Petigrow v. GilbertsonSupreme Court of the United States · 1991
  3. William R. Gooley v. Mobil Oil CorporationCourt of Appeals for the First Circuit · 1988
  4. Jorge Correa-Martinez v. Rene Arrillaga-BelendezCourt of Appeals for the First Circuit · 1990
  5. Bailey v. GloverSupreme Court of the United States · 1875

13 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Lopez v. Specialty Restaurants Corp. (In Re Lopez)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
  2. Eresian v. Koza (Koza)Bankruptcy Appellate Panel of the First Circuit · 2007
  3. Humphreys v. Stedham (In Re Stedham)United States Bankruptcy Court, W.D. Tennessee · 2005
  4. Cadle Co. ex rel. D.A.N. Joint Venture, L.P. v. Andersen (Andersen)Bankruptcy Appellate Panel of the First Circuit · 2012
  5. In Re FellheimerUnited States Bankruptcy Court, E.D. Pennsylvania · 2010

7 more not listed; retrieve them via the Exa API.

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