What is the name of your state (only U.S. law)? Federal law
In an adversary proceeding in the bankruptcy court against a Wall Street Bank which purports to hold a note, plaintiff alleged that the local originator of the loan and payee on the face of the note did not fund the loan and that therefore there has been no consideration paid for the note. And therefore the Wall Street Bank, making a claim to the note and right to payment has only the rights the originator (transferor) would have had. In an action to dismiss by the Wall Street Bank, the judge granted leave to amend the complaint with further facts and allegations such as who, if not the transferor, funded the loan.
Since granting leave, plaintiff has obtained a certified copy of the ABA wire document by the title company's bank which proves the originator did not fund the loan.
Question: In an amendment by court order, plaintiff may supplement the complaint by alleging who funded the loan. May he also attach the proof as an additional exhibit and be within the rules for amendments?
I am unsure about what one can or cannot do in an amendment.
In an adversary proceeding in the bankruptcy court against a Wall Street Bank which purports to hold a note, plaintiff alleged that the local originator of the loan and payee on the face of the note did not fund the loan and that therefore there has been no consideration paid for the note. And therefore the Wall Street Bank, making a claim to the note and right to payment has only the rights the originator (transferor) would have had. In an action to dismiss by the Wall Street Bank, the judge granted leave to amend the complaint with further facts and allegations such as who, if not the transferor, funded the loan.
Since granting leave, plaintiff has obtained a certified copy of the ABA wire document by the title company's bank which proves the originator did not fund the loan.
Question: In an amendment by court order, plaintiff may supplement the complaint by alleging who funded the loan. May he also attach the proof as an additional exhibit and be within the rules for amendments?
I am unsure about what one can or cannot do in an amendment.
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