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In re Mullins (Case No. 05-73530) 8/21/2008

The Court dismissed the Movant's motion for specific performance of a settlement agreement.  The remedy of specific performance is an equitable one and must be brought by an adversary proceeding pursuant to Federal Rule of Bankruptcy Procedure 7001(7).  An adversary proceeding must be commenced by the filing of a complaint, not by the filing of a motion, so there is a procedural defect here.  In addition, the Movant seeks specific performance from the non-debtor spouse, over whom the Court has no personal jurisdiction.

Date: 
Thursday, August 21, 2008
Category: 
Adversary Proceedings
Jurisdiction
Chapter: 
7