Legal Question in Bankruptcy in Massachusetts

. My chapter 7 was discharged 18 months ago.I am involved in an adversary hearing steming from a default judgement.Went through discovery and pre trial - hearing was set for 2 months ago. Plaintiffs counsel asked for a continuance because she could not "locate" her client. We agreed. Hearing is next week. She filed a motion to withdraw as his councel for that reason (cant find him) court said no. Can she represent him still if he is not there ?


Asked on 2/12/11, 7:59 am

1 Answer from Attorneys
David Baker Law Office of David Baker

Not really; she is right to withdraw. The result SHOULD BE that you win. You don't say whether you are the plaintiff or the defendant, but I would say to the judge that if the other side is unable to proceed, the judge should grant judgment in your favor.

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Answered on 2/14/11, 3:31 pm


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