First Federal Savings Bank of Rogers, Arkansas v. Gunn (In re Gunn)

20 Citing cases

  1. In re Magno

    216 B.R. 34 (B.A.P. 9th Cir. 1997)   Cited 41 times
    Holding that amended complaint alleging § 523 claim did not relate back to original complaint for denial of debtor's discharge under § 727 and, because mere mention of a $120,040 claim in the original complaint was not enough to put debtor on notice of a § 523 claim and original complaint did not allege any facts which would have proven the required elements of a § 523 claim

    In discharge cases, the opportunity to amend is especially important because of the short time frame under which such a complaint must be filed. In re Gunn, 111 B.R. 291, 293 (9th Cir. BAP 1990).

  2. In re Ravasia

    BAP EW-20-1212-BTL (B.A.P. 9th Cir. Apr. 16, 2021)

    We review for abuse of discretion the bankruptcy court's decision to allow or deny amendment of pleadings under Civil Rule 15(c) and Rule 7015. In re Magno, 216 B.R. at 38; First Fed. Sav. Bank v. Gunn (In re Gunn), 111 B.R. 291, 292 (9th Cir. BAP 1990). Whether cause exists to extend the filing deadline to object to a debtor's discharge is reviewed for abuse of discretion.

  3. Ravasia v. U.S. Tr. (In re Ravasia)

    BAP No. EW-20-1212-BTL (B.A.P. 9th Cir. Apr. 16, 2021)

    We review for abuse of discretion the bankruptcy court's decision to allow or deny amendment of pleadings under Civil Rule 15(c) and Rule 7015. In re Magno, 216 B.R. at 38; First Fed. Sav. Bank v. Gunn (In re Gunn), 111 B.R. 291, 292 (9th Cir. BAP 1990). Whether cause exists to extend the filing deadline to object to a debtor's discharge is reviewed for abuse of discretion.

  4. In re Fondren

    119 B.R. 101 (Bankr. S.D. Miss. 1990)   Cited 22 times
    Holding that claim that judgment debt should be excepted from discharge as debt arising out of willful and malicious injury related back to the date of original complaint that sought determination that debt was nondischargeable as debt arising by false pretenses or actual fraud

    The Plaintiff moved ore tenus at trial to amend its complaint to include this additional subsection after the bar date for filing the original complaint had passed. In allowing the creditor to amend its complaint objecting to discharge and dischargeability under sections 523(a)(2)(A) and (B), as well as section 727(a)(5), to assert additional causes under sections 727(a)(3) and (4), the Court in In re Gunn, 111 B.R. 291 (9th Cir. BAP 1990), stated the following: The amended complaint was filed long after the Bankruptcy Rule 4004(a) deadline had passed.

  5. In re Jasperson

    116 B.R. 740 (Bankr. S.D. Cal. 1990)   Cited 19 times
    Finding cover sheet and application for removal of case insufficient to put debtors on notice

    Cf. In re Gunn, 111 B.R. 291, 293 (9th Cir. BAP 1990) (amendment to dischargeability complaint filed after bar date related back to original complaint where both pleadings arose out of the same transaction and occurrence and required that similar facts be proved). Notice

  6. In re Jasperson

    116 B.R. 740 (B.A.P. 9th Cir. 1990)

    Cf. In re Gunn, 111 B.R. 291, 293 (9th Cir. BAP 1990) (amendment to dischargeability complaint filed after bar date related back to original complaint where both pleadings arose out of the same transaction and occurrence and required that similar facts be proved).

  7. Ravasia v. UST - United States Tr. (In re Ravasia)

    No. 21-60029 (9th Cir. Feb. 23, 2022)

    Although the parties assume that it was necessary to amend the original complaint in order for the U.S. Trustee to argue that the Ravasias made false oaths on their schedules regarding their income and expenses and their 2016 tax refund, paragraphs 54 and 56 of the original complaint were sufficient to put the Ravasias on notice of both the factual and legal grounds for the U.S. Trustee's claims. See In re Gunn, 111 B.R. 291, 292-93 (B.A.P. 9th Cir. 1990). An amendment relates back to the date of the original complaint when it "asserts a claim or defense that arose out of the conduct, transaction, or occurrence set out-or attempted to be set out-in the original pleading."

  8. Ly v. Byrd (In re Byrd)

    Bankruptcy Case No. 11-13788DM (Bankr. N.D. Cal. Jul. 24, 2012)

    As long as the newly-added theories of relief are based on the same set of facts or transactions as those pled in the initial Complaint, they relate back to the date of the Complaint. First Fed. Sav. Bank of Rogers v. Gunn (In re Gunn), 111 B.R. 291 (9th Cir. BAP Cal. 1990). The court will therefore allow Plaintiff to amend the Complaint to add the section 523(a)(6) claim but the facts alleged to support it must arise out of the same transactions described initially.

  9. In re Byrd

    No. 11-13788DM (B.A.P. 9th Cir. Jul. 24, 2012)

    As long as the newly-added theories of relief are based on the same set of facts or transactions as those pled in the initial Complaint, they relate back to the date of the Complaint. First Fed. Sav. Bank of Rogers v. Gunn (In re Gunn) , 111 B.R. 291 (9th Cir. BAP Cal. 1990). The court will therefore allow Plaintiff to amend the Complaint to add the section 523(a)(6) claim but the facts alleged to support it must arise out of the same transactions described initially.

  10. Livingstone Coll., Inc. v. DeBerry (In re DeBerry)

    Case No. 09-12428 (Bankr. M.D.N.C. Apr. 27, 2012)   Cited 3 times

    Thus, if the original pleading adequately identifies the factual circumstances out of which the amended claim arises, the amendment will relate back. Kelcey v. Tankers Co., 217 F.2d 541, 543 (2d Cir.1954); First Fed. Savs. Bank of Rogers, Arkansas v. Gunn (In re Gunn), 111 B.R. 291, 292 (B.A.P. 9th Cir. 1990); Gelling v. Dean (In re Dean), 11 B.R. 542, 545 (B.A.P. 9th Cir. 1981), aff'd, 687 F.2d 307 (9th Cir. 1982); The CIT Group/Factoring Mfrs. Hanover, Inc. v. Srour (In re Srour), 138 B.R. 413. 418 (Bankr. S.D.N.Y. 1992).