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.
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