Cypress, TX asked in Bankruptcy, Consumer Law, Contracts and Foreclosure for Texas

Q: What to do if a Judge is making me part of a case and I am not listed as party where it shows active and inactive party

I had a case in the court, but the person litigated in another court, and was awarded his request. I filed an appeal. Then had a TI schedule, in the TI one attorney post fraud. I filed for bankruptcy, the Judge in the BK ruptcy court heard the case and overturned the lower court finding. As it was still in the appeal process. The party return after knowing this and tried to relitigate the case. I am a prose and didnot know that the Federal Judge and The Trustee overturned the case untill the prose report came out. I dismissed the case where the TI was and explained what happen 3/28 and the attorney filed a summary Judgment 05/21/2020. The case was already filed for dismissal. The Judge dismissed the caser 07/01/2020. The party had a counter claim pass a 180 days as the judge did not dismiss it for DWOP. The party never served me in the counterclaim i did answer from the record, but this was before bankruptcy. I do not show as a Party to any claim as a party or inactive party. what I do

1 Lawyer Answer
Teri A. Walter
Teri A. Walter
Answered
  • Bankruptcy Lawyer
  • Houston, TX
  • Licensed in Texas

A: Sorry, this is a complex fact situation which appears to involve at least 3 different matters. No helpful comments can be made without reviewing the status of the underlying cases. If there is currently a Motion for Summary Judgment filed against you in the Counterclaim, you need to make sure that gets answered at least 7 days before the hearing. Summary Judgments are technical, so you'll need a lawyer to help you.

Tim Akpinar agrees with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.