Dec31
Rules say that fraud has to be plead with specificity I lost a motion to dismiss where the trustee was the plaintiff, the judge found a case from S.D.N.Y. where the court cut the trustee some slack b/c the trustee wasn’t involved in the original transaction. I still think that where the creditor is the plaintiff, you should be able to require the complaint to allege fraud with specificity. can be used to cover vehicle equity in excess of the $3225 per vehicle. Make sure that you do not use up more than is allowed. If the husband owns a toy worth $11,200, he has no more wildcard, so if the something else is in his name alone, he would not be able to exempt it.
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