Legal Question in Bankruptcy in California
BK7 Adversary - Failure of Plaintiff to Pre Trail Order
I am the defendant in an adversary
action brought be a creditor in my
chapter 7. I am representing myself.
Plaintiff's attorney emailed me prior
to status conference to get my
answers to joint status report.
Plaintiff's attorney received response
from me with answers (within 24
hours). Plaintiff filed unilateral status
report after the deadline and
indicated I had not been cooperative.
At hearing, judge ordered plaintiff's
attorney to contact me so that
bilateral pre-trail order could be filed
for the next hearing. Plaintiff did not
contact me and again filed a
unilateral report late a couple of days
prior to the hearing. Judge ordered a
new hearing and instructed plaintiff's
attorney to get the pre-trail report to
me via email by Feb 11 and for me to
return the completed report to the
plaintiff's attorney by Feb 13. He set
a new hearing date and instructed
either party to contact him if other
party did not complete report
cooperatively by the requested date.
This date has now passed and I have
not received the report as instructed.
How should I go about contacting the
court? Or should I file a motion to
dismiss under Rule 41(b) at this
point.
2 Answers from Attorneys
Re: BK7 Adversary - Failure of Plaintiff to Pre Trail Order
It sounds to me like you are doing an excellant job of representing yourself. I think it is indeed time for you to file a motion to dismiss. I would very strongly raise the fact that the plaintiff's attorney has repeatedly filed false and misleading reports with the court, and that dismissal is an appropriate sanction for such deplorable conduct by a lawyer.
Good luck!
Re: BK7 Adversary - Failure of Plaintiff to Pre Trail Order
In addition to Mr. Bayer's response, I would unilaterally file my own with a declaration explaining the circumstances and requesting dismissal for failure to cooperate.
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