Legal Question in Bankruptcy in California

Bankruptcy Adversary Jailed

Someone filed an adversary filing in my Chapt 7. (I believe it is unjustifed.) Anyway, my attorney only does the basics for a Chapt 7. and doesn't know the answer to my question.

This guy filed an adversary proceeding in my Chapt 7, then we got news he got picked up for an outstanding unrelated warrant. Does he get released for the court hearing or does the adverasry filing go away? Can I file something to make him appear and if he doesn't, the judge dismisses his case?


Asked on 2/11/09, 5:07 pm

1 Answer from Attorneys
Mark Markus Law Office of Mark J. Markus

Re: Bankruptcy Adversary Jailed

That is a great question. You need to be sure you at least file an Answer to the complaint on time. Then there will be a status conference (which is probably already set, on the summons). Be sure you file a status report and at the status hearing, if the plaintiff hasn't filed anything else or appeared, the judge will likely dismiss the case.

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Answered on 2/11/09, 5:13 pm


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