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If a petition is written wrong can the case be heard in nys?

Albany, NY |
Filed under: Bankruptcy

Can a case be heard if the original petition has errors?

Attorney Answers 4


  1. Best answer

    Dear if the petition is wrong?

    If you mean a petition in a summary proceeding, some errors may not be subject to amendment or correction, if the errors compromise the jurisdiction of the court to do anything with the case other than to dismiss for lack of jurisdiction or failure to state or make out a cause of action.

    The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.


  2. That depends upon the type of error(s) involved.

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer could be considered attorney advertising.


  3. As my colleagues indicated, it depends on the type of petition and the nature of the error. If you are pro se and facing dismissal of an otherwise valid claim, you should consider engaging an attorney to clean up the potentially fatal errors.

    Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation. Any response given here is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response may change appropriately.


  4. Generally, errors can be fixed, as long as in good faith.

    Move quickly; and contact your attorney as soon as possible.

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