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Legacy Const. Servs., LLC v. Segobiano

Adv. No. 25-07003

Case No. 25-70081

Defendant's motion to dismiss granted. Creditor of Chapter 7 debtor filed a four count complaint seeking to deny the debtor his discharge or, alternatively, to except the debt owed to it from the debtor's discharge. The complaint was dismissed because none of the counts were adequately pleaded in that they were comprised of legal conclusions, labels, and formulaic recitation of the elements of the causes of action. To the extent factual allegations were made, they were lumped into a large set of general, introductory paragraphs which were then incorporated en masse into each count without any indication of what facts were intended to support which count.

11 U.S.C. §§523, 727

Fed. R. Civ. P. 12(b)(6)

Date: 
Thursday, January 15, 2026