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Honorable David L. Bissett

Raley v. Beaumier (In re Beaumier), Adv. No. 24-ap-18 (Bankr. N.D.W. Va. January 29, 2025)
Date: 01/29/2025

The court granted Defendants’ motion to dismiss finding that the complaint failed to plead fraud with sufficient particularity as required under Rule 9(b).  Because the state court judgment lacked specific findings of fraud, issue preclusion did not apply.  Although the deadline for filing dischargeability complaints had passed, an amendment was still permissible under Rule 15(c) as it related back to the original filing.  Thus, the court granted dismissal without prejudice, allowing Plaintiff to amend the complaint to meet the heightened pleading standard.