Legal Question in Bankruptcy in California

Motion to Dismiss

Can a Motion to Dismiss without prejudice be filed if I have found out that mother- in-law has an asset? The attorney she has told her that since a house is not in her name, but in the name of her recently deceased husband, she has no assets. She does not want to lose the home. Should we amend, or file a dismissal if possible?


Asked on 9/01/99, 12:56 am

2 Answers from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Motion to Dismiss

More detailed information is needed to properly advise you. You have various options. You certainly need a better attorney than you have now. If you want to call me a will review your situation in more detail without charge.

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Answered on 9/02/99, 4:54 pm
Marcus G. Tiggs Slate and Leoni, A Professional Corp

Re: Motion to Dismiss

The concern I have is that unless there a prenuptial agreement between the parties, and a will that gave the property to someone other than the mother-in-law, the fact that the property is not in the mother-in-laws name is not relevant and most likely should have been listed on schedule A.

Unfortunately, though a motion to dismiss can be filed, case law is not on your mother-in-laws side. This is because 1) there is no absolute right to dismiss a chapter 7 and 2)a dismissal is not approved when brought by a debtor who cannot prove that the dismissal will not create a "legal prejudice" to creditors.

Best of luck. I am a certified bankruptcy law specialist, state bar of california.

Marcus G. Tiggs, Esq.

213-625-0161

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Answered on 9/03/99, 1:44 am


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