How do I word an answer to a dispute of claim that was denied. It will be filed in District court.

We ar being foreclosed on and plan to file bankruptcy. We just don't have all the money needed to retain a lawyer yet. This involves our ranching operation and the bank. I typed the motion to dismiss and filed it myself. I had an example of one. Now I need to respond to their denial. I need to ask for a hearing and buy more time until I can get a lawyer and get the bankruptcy filed. Thank you.
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Answers (2)

Scott Lester Bonder

Scott Lester Bonder

Contributor Level 3
Honestly, you need to focus on filing that bankruptcy as priority one. Pro se parties rarely win on motions. There are just too many moving parts for lay people, in most cases, to fully respond. Nevertheless, if you must respond, then the method and style will depend on your local practice. One way to get a sense of what it should look like and perhps some of the basic law is to review other similar pleadings. Federal courts have PACER, whcih is an electronic docketing system. You may be able to find a response to a similar pleading.
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Latigo

I agree with the first response.

Not that it is recommended because it isn’t, but you would have better luck going it alone in a bankruptcy filing than attempting to defend a state court foreclosure action.

For some reason, the Internet I suppose, there seems to be a consensus among lay people that a “motion to dismiss” is some sore of panacea or universal remedy for avoiding the consequences of a lawsuit. It isn’t. It has very limited applications.

As far as the legal costs, most areas of the country are swarming with bankruptcy attorney specialists crying for work. Do some shopping. Set aside the money you would normally be paying creditors who will be affected by the bankruptcy.

Good luck
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