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xavierjd
xavierjd, Attorney
Category: Legal
Satisfied Customers: 3400
Experience:  20+ yrs in criminal, landlord/tenant, family, & small claims
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How do you write a stipulation to extending time to answer

Resolved Question:

How do you write a stipulation to extending time to answer in an Adversary Proceeding? As I need more time to raise money to hire an attorney.
Submitted: 2 years ago.
Category: Legal
Expert:  xavierjd replied 2 years ago.
Thanks for using JustAnswer.com It will be my pleasure to assist you.

There is no blank form that is used for a Stipulation to Extend Time To Answer. However, I have some questions and may be able to help you.

1. What is the time to extend the answer for? Is it for the original Complaint filed against you? Is it for something else? If so, what for?

2. Is there an attorney who represents the Plaintiff?

3. What type of case is it that you are being sued for and what court is the proceeding in?

Thanks
Customer: replied 2 years ago.
1. Original complaint answer due 1/29/2012

2. Yes

3. It concerns investments of monies I made to my LLC before filing for personal bankruptcy chapter 7
Count One - Fraudulent Transfer
Count Two - Recovery of Avoided Transfers Pursuant to 11 U.S.C. 550
Count Three - Unjust Enrichment

U.S Bankruptcy Court
Expert:  xavierjd replied 2 years ago.
The easiest way to resolve the matter is to call the attorney who filed the Complaint. You can indicate to the attorney that you are in the process of retaining an attorney and seek his permission to extend your time to file an Answer. A two week extension is NOT an inappropriate request.

If the attorney agrees to the extension, then you can ask if there is anything that needs to be filed with the court so that the extension is granted. If the attorney indicates "yes," you can ask the attorney if s/he would prepare the Stipulation and Proposed Order for your signature. Sometimes, the attorney will be more than happy to do so. That way, the paperwork will be done right the first time.

It may be that no paperwork needs to be filed with the court and that the only documentation necessary (to protect you) is a confirming letter to the attorney outlining the agreement to an extension.
Expert:  xavierjd replied 2 years ago.
Sorry. I hit the button too soon. There's more.
Expert:  xavierjd replied 2 years ago.
If only a confirming letter is necessary, you can write the attorney and say, "Pursuant to our telephone conversation of xxx, you have granted an extension of fourteen days to Answer the Complaint filed in this matter. It is further my understanding that the Answer shall be due on xxxx.

If you need to prepare the paperwork, you need to do a Stipulation and Proposed Order. You must use the same format as in the Complaint. That means that you must use the same caption (court, parties, case number, judge) bar number, address Again, you can copy the Caption as it is in the Complaint.

Under the above information, you may write:

STIPULATION FOR EXTENION OF TIME FOR
DEFENDANT TO ANSWER COMPLAINT

IT IS STIPULATED by the parties to this action that Defendant, (your name) be granted an exetnsion of fourteen (14) days to Answer the Complaint filed in this cause for the reason that Defendant is in the process of retaining an attorney.

IT IS FURTHER STIPULATED that the Answer shall be due on xxxxx.

_____________________________ ___________________________
xxxxxx, Plaintiff and bar number xxxxxx, Defendant, Pro Per
address address
telephone number telephone number
fax number fax number

Dated:

PROPOSED ORDER FOR EXTENION OF TIME FOR
DEFENDANT TO ANSWER COMPLAINT

In a session of the Court held on (date) in the United States
Bankruptcy Court for the xxx District for the Commonwealth of
Pennsylvania,
Present: HONORABLE ____________________________


IT IS HEREBY ORDERED
that Defendant is granted an additional fourteen (14) days to Answer the Complaint filed in this Cause.

IT IS FURTHER ORDERED that the Answer shall be due on xxxx.

_____________________
Hon. xxx

Dated:

I hope you find this information useful. If you have follow up questions, please ask. If you are satisfied with the answer PLEASE PRESS THE GREEN ACCEPT BUTTON so that the thread can be closed and I can get credit for answering the question. Thank you.










xavierjd, Attorney
Category: Legal
Satisfied Customers: 3400
Experience: 20+ yrs in criminal, landlord/tenant, family, & small claims
xavierjd and 6 other Legal Specialists are ready to help you
Customer: replied 2 years ago.
Thank you for your response, it's just what I needed
Expert:  xavierjd replied 2 years ago.
You are welcome.
Customer: replied 2 years ago.
I accepted your answer yesterday had have been billed for it, even though I have a subscription. Just conferming you have been paid. I found out I can't sign the stipulation on behalf of the LLC as I am not an attorney, but I ended up with an extension anyway....somehow.
Expert:  xavierjd replied 2 years ago.
I'm glad that the information proved useful and that you were granted the extension!

The extension was probably granted because you MUST be represented by an attorney as an LLC and you requested the extension so that you could hire a lawyer.

I was paid for the answer. In order for an expert to be paid, you MUST press the green "accept" button if you are satisfied with the answer given. You may also give an expert positive feedback and/or give the expert a bonus!

Again, I'm glad you were successful! If you have future questions, you can request me as the expert.

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