filed bankruptcy, got a discharge and then got a summons for an adversary proceeding. I need to file answer on my own and cant find form or info on how to do this.
Dear Lindenhurst Litigant:
I gather the lawsuit after the bankruptcy is on a matter not covered by the discharge. If so, would you add a comment about the demand for relief sought by the plaintiff and the alleged causes of action presented in the complaint?
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.
What is the complaint all about? Usually most adversary proceedings must be filed within 60 days of the creditors meeting except for:
3. Domestic Relations/Child Support
4. Criminal Restitution
5. SEC damages or disgorgement orders.
The answer should be styled just like the complaint is styled, main case no and adversary case no underneath, etc.
You must respond paragraph by paragraph.
Also, there may be many technical jurisdictional issues, such as an untimely adversary complaint. Since you did not specify it would be impossible to point you to what kind of form to use. Each adversary is different and requires a different answer and affirmative defenses.
Moreover, it may be better to file a motion to dismiss first to test the legal sufficiency of the complaint, or any statute of limitations or jurisdictional issues.
Please click on "Find a Lawyer" above and search out a bankruptcy lawyer in your area to at the very least review your case and assist you. This is a lot more than most people can handle.
This is a public forum. Any questions or answers published here should not be construed as the giving or receiving of legal advice or the formation of any attorney-client relationship. You should consult with a competent attorney in the jurisdiction where your legal issues are pending and get good, solid legal advice. This being a public forum, those answers you do read are merely given for informational purposes only.
The other answers inform you that there is much to consider when drafting an answer - you may want to do a motion to dismiss. Depending upon what was alleged, you need to be careful as to how to handle it. As much as you do not think you can afford a lawyer, you should try to get one.
Did the creditor get a notice about the bankruptcy prior to the discharge?
If so, since they are past their deadline, ask to have the matter dismissed.
If they didn't get notice, that might get them a judge's attention.
Did this creditor have a secured interest in any of your property?
If it was secured, did you list it on your petition?
Adversary proceedings can be complicated. There is not enough information here to answer your question competently. Doing this without an attorney is a mistake.
The above is a general answer and is not considered legal advice. You should contact an attorney before proceeding to take any legal action, signing any papers or upon service of a summons.
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