Legal Question in Bankruptcy in California
Disimissal of Adversary Case
I am pro se (not because I want to be, I simply ran out of money.) Anyway, an alleged creditor in my chapt 7 filed an adversary proceeding. Because of egregious violations of the automatic stay, I filed a Motion to Dismiss Ex Parte.
The judge denied the motion ''Ex Parte is an inappropriate way to do a Motion to Dismiss'' or some similar wording.
1) How likely is it that the judge would actually have read the motion and exhibits, or would he just ''deep six'' it before reading the Motion?
2) What is the proper way to get this Motion to Dismiss before him?
He seems to be open to it.
1 Answer from Attorneys
Re: Disimissal of Adversary Case
If the motion were appropriate, it should be filed and served via regular notice. Ex parte applications are for extreme emergencies where a party's rights are endangered, thereby necessitating immediate consideration.
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