Richard Jones was successful in obtaining dismissal with prejudice against a bankruptcy attorney. The plaintiff alleged that the attorney was negligent in rendering pre-and-post petition advice regarding the decision to file a Chapter 11 petition and in preventing the subsequent conversion of the case to a Chapter 7. After removing the case to bankruptcy court, dismissal was secured on the theory that the claim was implausible under the standard set forth in Iqbal v. Ashcroft and that the claim was outside the statute of limitations. This relief was then successfully defended against a subsequent effort for relief under Rule 60(b) alleging mistake of law, and an improperly filed appeal.
The case is In re Adeleke, 09-16347-BKC-AJC, 2012 WL 2953195, (Bankr. S.D. Fla. July 19, 2012)