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Can a judge dismiss a case before trial?
Yes, a judge can dismiss a case before trial if there is not enough evidence or if there are legal reasons to do so, such as lack of jurisdiction or improper filing.
What is the process for filing a motion to dismiss when suing the wrong party in a legal case involving a motion to dismiss?
When suing the wrong party in a legal case, the process for filing a motion to dismiss involves submitting a formal request to the court asking for the case to be dismissed. This motion should explain why the wrong party was sued and provide legal arguments supporting the dismissal. The court will then review the motion and make a decision on whether to dismiss the case.
Can you retract a divorce filing?
Yes, you can retract a divorce filing. Your attorney can submit a form requesting the court to dismiss the case.
Can you file a response to a supplemental petition for modification after filing a Motion to Dismiss for failure to state a cause of action?
No, not until the judge renders a decision on the pending motions already before him/her. Of course you could withdraw your motion to dismiss and answer the other sides action. . . that's entirely up to you.
What does dismiss with leave mean?
Dismiss "with leave" means the case is dismissed, but the plaintiff may re-file to (hopefully) fix whatever was incomplete or otherwise lacking in the original filing. Dismiss with leave is contrasted with dismiss on the merits, which means the case is dismissed and the plaintiff may not re-file. Thus the plaintiff has lost the case.
Are there fees involved when you dismiss your bankruptcy?
A debtor can dismiss a Chapter 13 bankruptcy at any time without a fee, except perhaps for any remaining attorney's fees that have not been paid under the Chapter 13 plan. A debtor cannot voluntarily dismiss a Chapter 7 without filing a motion wiht the court. Even then, the debtor must be able to demonstrate that no prejudice to creditor if the Chapter 7 is dismissed. The debtor can convert the 7 to 13 (which does involve a fee) and then dismiss the Chapter 13.
What happens if you dont pay after filing bankruptcy?
Assuming its a chapter 13 bk, if you dont make your plan payments the court will dismiss your bk- allowing creditors to resume collection efforts
Can a credit card company sue you after 6 years?
Yes, it can even if the applicable statute of limitations on the claim has expired. A court will not refuse to accept a complaint for action just because the statute of limitations has expired. Nothing in any court rule forbids a plaintiff from filing an action that is beyond the statute of limitations. In fact, court rules require that a defendant must make an affirmative statement in the answering pleading that the claim is barred by the statute of limitations or that defense will be waived and the action may proceed even though the statute of limitations has expired. Once the statute of limitations has been raised as an affirmative defense, the plaintiff is required to prove that the SOL should not bar its claim.
If you owe a thousand dollars to chapter 13 but are behind paying what will happen if you do not pay?
The trustee/bankruptcy court can dismiss the chapter 13. Creditors would then be able to pursue collection including filing a lawsuit.
How do you get your chapter 7 bankruptcy case dismissed when you have no attorney clerk was unable to help?
You will need to file a "motion to dismiss." Don't forget to serve your motion on the trustee and us trustee. Unfortunitely, you do not have a "right" to dismiss your case. The court will typically set a hearing to hear your reason for the request. Don't be surprised if your trustee objects to the dismissal if there are assets. (They receive a percentage of the value liquidated). The court may also dismiss your case if you have not complied with all of the filing or fee requirements.
Cancellation of chapter 7 bankruptcy?
You can dismiss a bankruptcy. (Motion to dismiss) However, you will no longer be under the protection of the bankruptcy courts, will still owe everything, and will still have a bankruptcy on your credit report. You may also be prevented from filing again for quite some time. Talk to an attorney about your individual circumstances and how your local Bankruptcy court handles these situations.
If you are in chapter 13 bankruptcy can you file for a voluntary dismissal to refinance your house?
I f that was the main reason for filing the c. 13, you can. Make sure the lender knows about the bankruptcy and you have a refi commitment before you move to dismiss.
