Legal Question in Civil Litigation in California
Notice of bankruptcy status
I am an a civil litigation suit and have also filed bankruptcy. The court sent me a Notice of Status Conference and Order to Appear. The leter says: ''Pursuant to Uniform Rules 4.1 YOU ARE HEREBY ORDERED TO APPEAR ON 3/12/04, to determine the present status of your case, and why sanctions should not be imposed against you for your failure to comply RE: PARTIES TO NOTIFY COURT OF BANKRUPTCY STATUS AS SOON AS POSSIBLE. APPEARANCE MANDATORY ON ABOVE DATE UNLESS NOTICE OF BANKRUPTCY STATUS OR REQUEST FOR DISMISSAL IS FILED 5 DAYS PRIOR TO HEARING.''
I am representing myself and I was wondering what form do I use to notify the court of my BR discharge and request for dismissal (is there a form?). It looks like the plantiff is dismissing the case???
help
2 Answers from Attorneys
Re: Notice of bankruptcy status
If the plaintiff dismisses the case, you don't have to worry about anything. But, if not, then you have to file a document with the court advising it of the status of the bankruptcy case. There is no form to do this. It has to be filed on "pleading" paper. Just tell the court what the status is and sign it, then, file it with the court. Good luck and thanks for inquiring.
Re: Notice of bankruptcy status
When a court sets an OSC (order to show cause) or an OTA (order to appear) Re: Failure to..., you need to either file the requested docs or appear, regardless of what the plaintiff does. When a court files an OSC/OTA the court gains jurisdiction over you regardless of the disposition of the case. First call the court clerk and ask if your court requires any special form to respond. If not you will need to draft a response to the OSC/OTA on standard pleading paper. Be sure to explain why you did not file to docs timely. Be truthful and if you simply didn't know then tell the court that. Since you are not a lawyer the court, in most cases, will not sanction you for failing to comply, if it is the first time on this issue.
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