ZVI Construction Co. v. Huggard (In re Huggard)

MEMORANDUM OF DECISION

HENRY J. BOROFF, Bankruptcy Judge.

Before the Court in this dischargeability action is the plaintiffs request to file an amended complaint containing additional factual allegations and new legal theories of relief. Because the deadline for filing objections to the dischargeability of particular debts passed before the proposed amended complaint was filed, the Court must determine whether the amended complaint “relates back” to the date of the original filing and, even if so, whether it would be appropriate to grant leave to amend under the circumstances of this case.

I.…