Legal Question in Bankruptcy in California

What form do I use to respond to a motion to dismiss petition? I filed a petition for temporary injunction to keep the lender from foreclosure within the bankruptcy. The lender has responded with a motion to dismiss. What form do I use to respond to the motion to dismiss?


Asked on 10/19/09, 1:36 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

I am sorry to not answer your question, but you need to seek counsel from a bankruptcy attorney. The lender would generally not file a motion to dismiss your case, rather, they generally would file a motion for relief from the automatic stay - asking for permission to foreclose on the property. A motion to dismiss indicates that there is something entirely different going on here. Also, even if you are only dealing with a motion for relief from stay, what are you going to do to stop cure the default. A bankruptcy court won't just hold the lender off from foreclosing unless you have a plan to cure the default. Please feel free to email me with more details off the board.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

Read more
Answered on 10/20/09, 6:40 pm


Related Questions & Answers

More Bankruptcy Law questions and answers in California