Hello: This is PhillipsEsq. I am a licensed Attorney and I will be assisting you today.
I actually answered this in our previous thread. However, this is better. Here we go:
Hello , unfortunately the creditor has now brought an adversarial proceeding.
Response 1: That is quite unfortunate indeed.
The complaint in essence raises the same arguments it made in its motion for the court to reconsider the re-opening of the case.
In my answer could I raise the issue that because the creditor reiterates her previous argument that the complaint is frivolous, wastes the courts time and resources.
Response 2: Regrettably no. Even if the argument is the same, the Plaintiff must restate them in its core case. Otherwise, the Plaintiff would not have any case. In the law, pleadings are quite repetitive.
Also could I counter claim for attorney fees and that the court sanction the creditor for harassment.
Thanks for your help
Response 3: Yes, you can. Also, more importantly, you need to make sure that you respond to each Paragraph of the complaint. You can deny, admit, or state that you do not have enough information to either admit or deny, or you can admit in part or deny in part. Generally, everything would be "Deny" except for your address. Also, recall my previous answer:
"...even if the debt was incurred within the 90-day of the bankruptcy filing, which is the presumptive period for obtaining money through false pretenses, this charge could easily be defeated/rebutted by showing that the Debtor made payments on the debt. Thus, Debtor did not obtain money by false pretenses with no intention to pay the debt because the Debtor made payments on the debts."
Click below for
Sample Answer to Adversary Complaint