Dismissal of an adversary proceeding?
Posted: Wed Feb 03, 2010 5:09 pm
That's what I thought, thanks!
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> one page
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> caption) rule 7041 Dismissal
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> debtor dismisses pursuant to rule 7041.
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> date /s/ lawyer ,
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> done
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> --- On Wed, 2/3/10, clifford_bordeaux wrote:
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> Subject: [cdcbaa] Dismissal of an adversary proceeding?
> To: cdcbaa@yahoogroups.com
> Date: Wednesday, February 3, 2010, 4:37 PM
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> I filed a Lam adversary proceeding in a Chapter 13 with Judge Carroll (my first adversary). I served and filed the complaint on the eve of the plan confirmation hearing because I was hoping client, who was behind on payments, would come up with his plan payment and mortgage payment at the last minute. He did not. Case was dismissed for nonpayment, but because the Trustee did not have the adversary yet, the dismissal order did not include a dismissal of the related adversary. Now the summons has been issued and a case conference has been set.
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> I tried calling the Trustee's office to see if the dismissal order could be modified to include the related adversary, but no response to my voicemail yet. Should I try a letter to the Trustee? Or file a voluntary dismissal? Or just leave it alone and let it get dismissed later? Client will be filing a new 13 very soon because he now has access to a family contribution to help fund his plan and I assume it could be a problem if this adversary proceeding is still pending when he files the new Chapter 13.
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> Any thoughts on this would be greatly appreciated!
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The post was migrated from Yahoo.