What is the test for a motion to amend a motion where the motion is seeking leave to amend the motion?
MultiRegion, United States of America
The following excerpt is from Woodard v. Gatson (In re Bianchi Indus. Servs., LLC), Adv. Proc. No. 11-50113, Case No. 11-31035 (Bankr. N.D.N.Y. 2012):
In determining whether to grant leave to amend, a court must consider specified factors "such as undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the opposing party by virtue of allowance of the amendment, futility of amendment, etc." Foman v. Davis, 371 U.S. 178,182 (1962).
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