Legal Question in Bankruptcy in California

HOW DO WORD MOTION?

How would I word a motion asking the Trusree to remove me from a Chapter 7 joint pettion I filled with my ex-wife? This is so my ex can file single and I can file single at a later date. The Trustee is already mad that we used a paralegal. So how would I word the motion so she will accept it? Thank You.


Asked on 4/10/98, 1:52 pm

1 Answer from Attorneys
Mark Markus Law Office of Mark J. Markus

How Do Word Motion--Reply

It's not up to the Trustee to remove you from a joint petition. That is something only the judge in your case can do upon hearing a duly filed and served Motion. I would have to research the law as to the proper allegations to make in such a Motion. You would have to make sure you comply with the Federal Rules of Bankruptcy Procedure as well as the Local Bankruptcy Rules in your jurisdiction in the preparation, filing and service of the Motion. If you desire legal assistance and live in the Greater Los Angeles area, please feel free to give me a call. Mark

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Answered on 4/29/98, 2:28 am


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