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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87602
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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hi, i have status conference coming up. I and the defendant

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hi,
i have status conference coming up. I and the defendant and counter suer in the case. Plaintiff, a contractor, has been and continues to be in chapter 11.He has an attorney and mine absconded to another state. He tried to sell me out and l let him go. His name is XXXXX XXXXX the case. MyQs:
1. Do I have to attend the hearing? His attorney was not present at the last hearing.
2. I was thinking of filing a motion for dismissal on the grounds or delay (justice delayed..), unjust advantage to him due to him being judgment proof, witnesses hard to track, no end in site for his bankruptcy etc. My house that he had lean on foreclosed a year ago and they may have worked out a deal with the buyer there contingent to his coming out of bankruptcy. If he prevails, he could get twice the amount.
3. If and when he comes out of bankruptcy, is his lawyer obligated to serve me with a written legal notice?
Submitted: 11 months ago.
Category: Legal
Expert:  Ely replied 11 months ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation.

1. Do I have to attend the hearing? His attorney was not present at the last hearing.

The answer is yes, I am afraid. Both parties or their attorneys (if they have them) are required to appear for the Status Conference. The Judge checks in with the parties to see what is happening with the case. If his attorney was not there, then the Judge does not like this and believe me, it may impact them later, even if unofficially. It is best to show up.

2. I was thinking of filing a motion for dismissal on the grounds or delay (justice delayed..), unjust advantage to him due to him being judgment proof, witnesses hard to track, no end in site for his bankruptcy etc. My house that he had lean on foreclosed a year ago and they may have worked out a deal with the buyer there contingent to his coming out of bankruptcy. If he prevails, he could get twice the amount.

This may not work. A motion to dismiss would be approved on specific reasons only, such as improper jurisdiction, or lack of contest as to fact or law. So it may not be possible, I am afraid.

See a sample template here, in case one wishes to try anyhow.

3. If and when he comes out of bankruptcy, is his lawyer obligated to serve me with a written legal notice?

The answer is YES if you become a registered creditor in his bankruptcy.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 11 months ago.

If he or his attorney does not show-up, can't judge rule in my favor (ex-parte???).


 


I am not a registered creditor. He has not listed me as a debtor either. Will there be any advantage to being one?


 


His attorney (Mr. G) in my suit is different than bankruptcy one (Mr. Tosney). Isn't Mr. G supposed to let me know that his client is out of bankruptcy and ready to proceed with the case?


 


Plaintiff has since dissolved the corp. voluntarily (per Secy of State listing). His license was suspended per CSLB listing. He is currently doing business as a sole properitor with a new license. How do you think it will play out after his bankruptcy? I am not planning to hire any attorney unless he prevails. Then get one to appeal. How would you handle it?

Expert:  Ely replied 11 months ago.
R,

Thank you for follow up.

If he or his attorney does not show-up, can't judge rule in my favor (ex-parte???).

A status conference generally does not have any rulings, but this is only a touching base. So while the Court may, it likely will not rule on any motions at that time.

I am not a registered creditor. He has not listed me as a debtor either. Will there be any advantage to being one?

As a registered creditor in a BK case, one then stands to get a payout once the BK is completed, although it may be pennies on the dollar. If not registered, one is not bound by the BK and may pursue full judgment. It may not be a good idea to register as a creditor.

His attorney (Mr. G) in my suit is different than bankruptcy one (Mr. Tosney). Isn't Mr. G supposed to let me know that his client is out of bankruptcy and ready to proceed with the case?

No.

Plaintiff has since dissolved the corp. voluntarily (per Secy of State listing). His license was suspended per CSLB listing. He is currently doing business as a sole properitor with a new license. How do you think it will play out after his bankruptcy? I am not planning to hire any attorney unless he prevails. Then get one to appeal. How would you handle it?

I am sorry, but you have painted me into a corner. I cannot predict how a suit would end, and/or, how a party would act, especially because I am only hearing a limited information amount about the case. Ergo, I cannot state this, because my guess is surely to be wildly hypothetical and possibly misleading and I do not wish to do this.

My apologies.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 11 months ago.

Thanks for your candid opinion. I'll rate your answer. Bye for now.

Expert:  Ely replied 11 months ago.
Be well!
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87602
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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