California  |  Bankruptcy

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2/12/09, 12:32 pm

Legal Question


BK7 Adversary - Failure of Plaintiff to Pre Trail Order

I am the defendant in an adversary

action brought be a creditor in my

chapter 7. I am representing myself.

Plaintiff's attorney emailed me prior

to status conference to get my

answers to joint status report.

Plaintiff's attorney received response

from me with answers (within 24

hours). Plaintiff filed unilateral status

report after the deadline and

indicated I had not been cooperative.

At hearing, judge ordered plaintiff's

attorney to contact me so that

bilateral pre-trail order could be filed

for the next hearing. Plaintiff did not

contact me and again filed a

unilateral report late a couple of days

prior to the hearing. Judge ordered a

new hearing and instructed plaintiff's

attorney to get the pre-trail report to

me via email by Feb 11 and for me to

return the completed report to the

plaintiff's attorney by Feb 13. He set

a new hearing date and instructed

either party to contact him if other

party did not complete report

cooperatively by the requested date.

This date has now passed and I have

not received the report as instructed.

How should I go about contacting the

court? Or should I file a motion to

dismiss under Rule 41(b) at this

point.


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