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Roger
Roger, Lawyer
Category: Real Estate Law
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I want to file a por se response to motion for summary judgement

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I want to file a por se response to motion for summary judgement where I am the defendant in adversery BK proceding v. trustee/plaintiff. There are real issues of fact to the allegations or claims. What form do I use to do this?
Submitted: 6 years ago.
Category: Real Estate Law
Expert:  Roger replied 6 years ago.

There are no forms to respond to a motion for summary judgment. Instead, you'll have to draft your own response to each paragraph of the motion filed by the trustee.

 

In a summary judgment, your main goal is to prove to the court that there are genuine issues of material fact for the court to decide. If you can prove this, the judge will deny the motion for summary judgment.

Customer: replied 6 years ago.
Relist: Incomplete answer.
I asked the forms or the way to respond to the porse response question.
Expert:  Roger replied 6 years ago.

As I said, there are no forms; you'll have to respond paragraph by paragraph. Your response should be something like this.

 

1. ________ denies the allegations of paragraph 1. of the motion for summary judgment and declares that there are genuine issues of material fact. [Then tell the court why the trustee's allegations are incorrect or what issues are outstanding].

 

2. ________ denies the allegations of paragraph 2. of the motion for summary judgment and declares that there are genuine issues of material fact. [Then tell the court why the trustee's allegations are incorrect or what issues are outstanding].

 

Do this for each paragraph in the motion filed by the trustee, sign it and file it.

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