Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
You should just file and opposition to their motion for reconsideration. Usually motions for reconsideration are routinely denied by the court as the judges really do not appreciate being questioned on their rulings. As to the granting of the leave to amend this is fairly routine and almost always allowed by the courts, the want to give them every opportunity to make their case just in case it ends of going up on appeal.
As to the statute of limitations issues regarding the embezzlement issue I do not completely understand your question? did the bankruptcy court allow them to proceed on that issue? and what was the reasoning?
If you find my answer responsive to your question please accept the answer so I can get credit for it. Also if you post some clarification I will check back and see if I can provide other assistance.
Sorry that I was unclear previously. THe odd thing (from my perspective) is that the Plaintiff didn't have to request leave for amending their filing the Court automatically gave it to them as part of their ruling that they had not proved the Fraud et al count sufficiently, but it sounds like this is fairly standard practice anyway so not sure there is much to do about it. How long to I have to file an objection to thier motion for reconsideration as its been about a week now since I received notice on it ?
As for the embezzlemtn count, the Court allowed it to go forward i.e. they found that since the Plaintiff had filed the lawsuit (for breach of contract and fraud) prior to the S/L that they were not barred from the embezz claim in the A/P. However, they did not specifically address the issue I raised that it was an entirely new element of law that was NOT asserted in the Plaintiffs previous civil actions and as such the S/L should apply as it was close to 9 years after the original cause of action that was the basis for the civil suit.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).