Legal Question in Bankruptcy in California
Authenticating Identification -have never gone by or used aka's listed on case o
I am trying to find out what I can file in court of law in bankruptcy court to fix an aka problem .
I hold an original note and deed in my possesion.
A person whom we do not know has filed against my parents in bankruptcy, however, I have nothing to do with their bankruptcy and they have nothing to do with my note.
To complicate it more, I have in my possesion the Original Deed of Trust and Original Note that were recorded.
The original trustee or trustees attorney sent them to me .
What can I file to fix this??
Is there a document that you can file to get me out of the bankruptcy and get the note also out.
It has nothing to do with my parents as I also have nothing to do with their bankruptcy.
1 Answer from Attorneys
Re: Authenticating Identification -have never gone by or used aka's listed on ca
Your facts are a bit convoluted. If I understand you correctly, an involuntary bankruptcy case (you do not indicate which chapter) was filed against your parents. In order to do this, certain requirements must have been met. There will be a hearing on the validity of the filing, and presumably your parents received notice of this. If you have grounds for seeking a dismissal of the case (and there are numerous grounds, pursuant to 11 USC 303), you should file a Motion to Dismiss the case as your responsive pleading to the involuntary filing.
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