Roach v. Barcus (In re Bolen)

(Bankr. N.D. Ind. Nov. 6, 2014)

The bankruptcy court dismisses the counterclaim for malicious prosecution asserted against the trustee. While the counterclaim recited the language of Indiana Rule of Trial Procedure 11, the bankruptcy court recognized that supporting facts must be plead to properly state a claim for relief. The counterclaim failed to set forth facts sufficient to constitute a cause of action, and the court granted the trustee’s motion to dismiss. Opinion below.

2014-11-06 – roach v barcus