AP notice received today ... scared ... stressed ... long story thanks for helping

[scbendel]

I do have consults scheduled for next week...just so you know. I've got the whole week off to get this answer handled and get my defense together.

One question, what could/would constitute grounds for dismissal? I'd be so happy to go that route with my answer, if it would be fruitful. These guys have made the last two years of my family's life a living hell...and we just want them to go away... Although I can't imagine they will without a great deal if kicking and screaming.

[AngelinaCat]

These guys have made the last two years of my family's life a living hell...

I'm not making light of your situation, but try NINE years of having an Enemy dog your heels...

[scbendel]

I can't imagine. You ever win that fight?

[AngelinaCat]

I can't imagine. You ever win that fight?

Finally. But it only ended when the Enemy, as a devout atheist, was struck down on the Feast of All Fools--April Fools Day, 2009, with a massive heart attack and subsequent stroke and kidney loss.

He cyber-stalked and cyber-bullied us, and hit us with numerous frivolous lawsuits designed to break us. He didn't break us mentally or spiritually, but he did financially.

[scbendel]

How terrible...and what a fitting end for such an evil person.

[AngelinaCat]

I do have consults scheduled for next week...just so you know. I've got the whole week off to get this answer handled and get my defense together.

I am delighted you have your appointments. Please let us know how it goes for you.

[scbendel]

I shall.

[scbendel]

In your opinion (attorneys please), would I have much luck filing a motion to dismiss on the grounds that their claims aren't factual? Or is this something I would provide in my positive defenses section of my answer?

[ValleYum]

Scbendel.... I now have a PM option showing for you!

[scbendel]

Woohoo!

[AngelinaCat]

I just sent you a test PM.

[scbendel]

I got it!

[justbroke]

In your opinion (attorneys please), would I have much luck filing a motion to dismiss on the grounds that their claims aren't factual? Or is this something I would provide in my positive defenses section of my answer?

You would ask for a Motion for Summary Judgement. It's hard to just answer and say "everything they said is wrong" and expect a Judge to issue in your favor on the MSJ in your favor. In other words, you can't just say their claims aren't factual because I say so. You would file an MSJ based on the lack of evidence or showing that they lack standing or the case is without merit or the debt is otherwise dischargeable.

Maybe Des will provide you with more information. You should read on procedures for Complaints (APs) and determine what the Judge would hear at the Status Conference. You may be able to pen and serve an MSJ and schedule it for the same date as the Status Conference, after you submit your answer.

Procedure is probably going to be your worse enemy.

[AngelinaCat]

JB's post jogged my memory a bit.

Go to your BK Court's website and look for your trustee and judge. If your judge is anything like ours was, there will be a manual that you can download for procedures and forms that your judge will accept in his or her court. Many times, at least in our case, there was a form with instructions on how to fill it out and submit it. These were general things, though. I can't guarantee that you will have forms and procedures for what JB is suggesting, but it is worth a look.

[scbendel]

Thanks guys, I'm on it. First consult is Tuesday, then two more Wednesday. I'm hoping that one of them will be willing to write the answer/motions then let me handle the rest; if they can or do work that way. I'm hoping it'll be cheap enough to take the burden off of us. But it's probably just wishful thinking.