United States First Circuit

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Fustolo v. The Patriot Group LLC , 17-1984

Reversed a bankruptcy ruling that allowed a creditor to amend its pleadings belatedly. The bankruptcy debtor argued that the creditor should not have been permitted to inject a new theory supporting discharge denial at the eleventh hour based on previously available facts. On appeal, the First Circuit agreed, holding that the allowance of the belated amendment failed to satisfy due process and therefore was an abuse of discretion.

Appellate Information

  • Decided
  • Published 2018/07/16


  • Torruella


  • United States First Circuit