Q: What forms would I use to file an answer to a Summons And Notice Of Status Conference In An Adversary Proceeding.
I filed Chapter 7 Bankruptcy On November 7th, 2017 due to numerous wage attachments and the inability to pay my debts. The creditor on my auto loan has filed A Summons Relief From Automatic Stay , Complaint To Determine Dischargeability Of Debt, and a Summons And Notice Of Conference In An Adversary Proceeding. Count one is fraud because I refinanced my loan with them on August 23rd, 2017 and made the 1st payment 30 days late. Also the amount of time between the loan date and the BK filing. 11 U.S. C. & 523(a)(2)(A). Count 2 is Presumption Of Nondischargeable 11 U.S.C. & 523(a)(2)(C)(i)(l) . I have already been to court on the Relief from Automatic stay and the judge denied the relief. I have to file an written motion or answer to the complaint within 30 days. My court date is Feb 13, 2018
A: I urge you to seek advice and assistance from local bankruptcy counsel for handling an adversary proceeding. An answer to the complaint is not a form, but rather a "pleading" that entails providing responses to each allegation, and setting forth any defenses you have. Also, I don't know what "court date" you are referring to - is a status conference scheduled for that date regarding the adversary proceeding? The answer must be filed within 30 days from the date the summons was issued and locally, the answer deadline is specified on the summons that was issued by the Court. Again - you should really get assistance from a bankruptcy attorney with litigation experience.
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