How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask TJ, Esq. Your Own Question
TJ, Esq.
TJ, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 11629
Experience:  JD, MBA
Type Your Bankruptcy Law Question Here...
TJ, Esq. is online now
A new question is answered every 9 seconds

I filed a BK in January and it was dismissed by the court.

This answer was rated:

I filed a BK in January and it was dismissed by the court. I refiled again in April. I have a creditor that has petitioned the court for a relief of the Automatic stay on the old case. The court sent me an 11 day notice. Do I need to file a response.
Hello and thank you for allowing me the opportunity to assist you.

You don't have to respond, but if you don't then there may be a greater likelihood of the motion being granted. Of course, in some cases, fighting the motion is unrealistic anyway. For example, if it's with regard to repossessing a car that is underwater, and which you have defaulted on the loan, then you may not stand much of a chance anyway. But, it just depends on the facts.

Have I satisfactorily addressed your concerns? If not, then feel free to let me know, as I will be happy to clarify my answer or help with your follow-up questions. In the meantime, please remember to click the green accept button so that I will receive credit and compensation for my time (doing so does not end our session). Positive feedback is always appreciated as well. Thank you and good luck!
Customer: replied 5 years ago.
Can the court grant a motion on a dismissed case?
Hi again. I misunderstood the facts. So the motion was filed with regard to the old case, and not the new one? That seems odd, and it may just be a mistake (i.e., wrong case numbers). The judge should not grant the motion, but the creditor will likely just amend it to reflect the current case.

I hope that helps. Please remember to click "accept."
TJ, Esq. and other Bankruptcy Law Specialists are ready to help you

Related Bankruptcy Law Questions