Contested Bankruptcy

[impaler]

What is the name of your state? California.

I am representing myself, and have been financially stalked by a millionaire, he contested my filing without merit in July of 2005, and to date, today no form interogatories or any discovery has even been attempted by his Attorney, Is there a time issue in bankruptcy court, is there a way to move for summury judgment or such...help.

[HomeGuru]

Originally Posted by impaler

What is the name of your state? California.

I am representing myself, and have been financially stalked by a millionaire, he contested my filing without merit in July of 2005, and to date, today no form interogatories or any discovery has even been attempted by his Attorney, Is there a time issue in bankruptcy court, is there a way to move for summury judgment or such...help.

**A: what the heck are you talking about?

[impaler]

I Filed for chapter 7 in California

A Creditor filed an Adversary proceeding to block the discharge of debt on three grounds.

1. Fraud under 11 USC Sections 523 (a)(2)(A)
2. Fraud under 11 USC Sections 523 (a)(2)(B)
3. objection to Discharge Under USC Section (727)

the Plaintiff filed the case in July of 2005, and to date there have been no filings with the court, and no form interogitories or discovery requests, have been sent to me.

My question is after six months of inaction shouldn't I be able to file a motion or somthing to dismiss his case?

[Ladynred]

Once the creditor files for the Adversary Proceeding the court sets a hearing. If that hasn't been done, then you need to find out they court is EVER going to do so. I don't know that you can file a motion to dismiss the AP, but its possible. Have you called the court clerk ??