Order granting Debtor’s motion for leave to file amended complaint. Debtor’s proposed amended complaint removed Federal Student Loans Held by Fed Loan Servicing Credit, who was admittedly misjoined, and added the United States Department of Education as the correct defendant. The Court approved the amendment, noting that under Federal Rule of Bankruptcy Procedure 7021, the proper remedy for misjoinder is not dismissal, but rather dropping of the misjoined party and adding of the nonjoined party.
Date:
09/04/2015