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
  • 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

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