Legal Question in Business Law in California

How to do Written Pleading

I have filed a Deed of Trust lien on a property owned by a person who had filed a Chapter 7 Bankruptcy which I only found out after the lien was filed. Now the court appointed bankruptcy trustee is suing me to remove the lien claiming it was fraudulent. I have a promissory note signed in 2003 which was well before the bankruptcy filing.

Now I have received from the Bankruptcy trustee's attorney a ''Summons and Notice of Status Conference'' of the U.S. Bankruptcy Court, Central District of California. I have to file with the Court a ''written pleading'' in duplicate. Please let me know is there a standard form to use, or there is a particular format. Thank you very much.


Asked on 6/03/04, 6:28 pm

3 Answers from Attorneys
Robert Liskey Tyler & Wilson

Re: How to do Written Pleading

What you are describing strikes me as odd, and so you may want to consider retaining an attorney. That said, it sounds as if you are being asked to file an answer to the pleading which has been filed against you. There may be a simple form on the Central District Bankruptcy web site (but I am unsure). Feel free to contact me to discuss should you wish.

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Answered on 6/03/04, 6:35 pm
Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: How to do Written Pleading

Federal pleading requirements are quite relaxed, so get into the library, unless you decide to hire an attorney, which does sound like a good idea. There are many form books in the local federal court law library and you should be able to find something that suits your needs.

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Answered on 6/03/04, 6:39 pm
Larry Rothman Larry Rothman & Associates

Re: How to do Written Pleading

You will have to file a response to the complaint. We can help you. In most cases a settlement can be negotiated. Pleae contact our office for review of the complaint and review of your documentaion. You may also have to file a claim.

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Answered on 6/11/04, 10:54 am


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