Need Help: Motion to dismiss pursuant to Bankruptcy

[bankruptsaluki]

Hello once again,

So I have been happy ever since I filed on October 13th, alot of help from here so I figured I would ask one more question. My 341 isn't until January 27th. I recieved a letter in the mail today from a lawyer. I am suppose to appear in court in two weeks for this.

MOTION TO DISMISS PURSUANT TO BANKRUPTY(didn't even spell this right on the letter)

Can anyone tell me what they are trying to do? I have a lawyer so I am obviously going to contact him, is he going to charge me to take care of this?

Any information would be great. Thank you very much in advance and have a great day.

Bankruptsaluki

[FoolAndHisMoney]

Hello once again,

So I have been happy ever since I filed on October 13th, alot of help from here so I figured I would ask one more question. My 341 isn't until January 27th. I recieved a letter in the mail today from a lawyer. I am suppose to appear in court in two weeks for this.

MOTION TO DISMISS PURSUANT TO BANKRUPTY(didn't even spell this right on the letter)

Can anyone tell me what they are trying to do? I have a lawyer so I am obviously going to contact him, is he going to charge me to take care of this?

Any information would be great. Thank you very much in advance and have a great day.

Bankruptsaluki

Don't have enough information. There are many reasons such as not doing the schedules correctly or maybe they feel that your expenses are too high and want you to convert to a chapter 13. Did they give you a reason why such as USC Section ***? Section 707b means you have too much disposable income for example and they want you to convert.

[bankruptsaluki]

Actually, and this might be way off, I think this meaning they are dismissing the case against me. I just did some research and they filed a civil case against me on 10/18/2005. I filed for bankruptcy on 10/13/2005. I am going to call my lawyer tomorrow but I think they are dismissing the civil case against me. Not sure though

[bankruptsaluki]

Don't have enough information. There are many reasons such as not doing the schedules correctly or maybe they feel that your expenses are too high and want you to convert to a chapter 13. Did they give you a reason why such as USC Section ***? Section 707b means you have too much disposable income for example and they want you to convert.

There is no reason on the letter, I will type it....

MOTION TO DISMISS PURSUANT TO BANKRUPTCY

NOW COMES Plaintiff, XXXXXX, an Illinois corporation, by counsel, The xxx xxx xxx firm, and moves this Honorable Court to dismiss the above-captioned cause with prejudice and with leave to reinstate, Defended having filed Chapter 7 Bankruptcy petition in the US Bankruptcy Court for the Northern District of Illinois, on October 13, 2005, case number xx-xxxxx.

Respectfully submitted,

xxx corporation,

[StaciMM]

Sounds like they are withdrawing the case. Probably already had the wheels in motion to file for a judgement before they found out about your BK.

[Minnymouth]

Sounds like a motion to dismiss their lawsuit against you. Verify with your attorney to make sure.
Just paperwork crossing in the mail. They filed lawsuit, you filed bankruptcy - now the lawsuit has to be dismissed - with prejudice on their part......(sorry about their luck, huh)...

[bankruptsaluki]

That is exactly what it is. I filed on Oct 13th and they filed judgement on Oct 18th. Talked to my lawyer yesterday (after speaking to the receptionist for 10 minutes, he finally picked up the phone) and it is straighten out. Thanks again for everyone's help in a time of need.

BS