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Can I argue against my own motion?

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anabanana

Member
What is the name of your state?What is the name of your state? FL

The bankruptcy court ordered me to file a motion to vacate a post-petition arbitration award I got against the debtor, or face sanctions.

I filed the motion, but obviously, I don't want the order vacated, because it is the basis of my claim as a creditor. The state court at three separate junctures had decided it had jurisdiction over the matters --not the BK court-- and ultimately entered the order on the arbitration award. Really, I'd like the court to deny my motion to vacate...

I cannot withdraw it without violating the order of the BK court, so can I actually go in there and argue against it? It's a different judge hearing it now, not the one who entered the order...
 


badapple40

Senior Member
Which court? Argue the motion in state court? Well, that'd be a violation of the automatic stay. Did you, in your motion, note that it was filed solely because of the order of the bk court, and did you object at the bk court to the order?

You can file a proof of claim with the bk court to provide and prove up your claim.

Question: was the arbitration hearing pre or post petition?
 
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