Mother is dealing with an AP

[justbroke]

Some litigants will drag it out through court, in the hopes of "bankrupting" or otherwise pressuring the defendant to settle. Hopefully you have a competent attorney that can assess those things Des already wrote about; accepting a judgment because you are retired or have other protected assets (non-collectable) or fighting the complaint.

[SecretOC]

Well.. plaintiff was given order of summary judgement... Looks like my mother loses

Attorney is trying to file an appeal, will that even help?

[despritfreya]

Attorney is trying to file an appeal, will that even help?

Sorry to read about the loss. Mom can file an appeal either to the 9th Circuit Bankruptcy Appellate Panel or she can elect to go to the Federal District Court sitting in whatever California district the bk court is in. Appeals are very hard to win but she has the right to try. Once the Notice of Appeal is filed she can also begin the process of trying to settle. Neither side really wants to deal with the cost of an appeal. Any discussions along the settlement front?

Des.

[SecretOC]

Sorry to read about the loss. Mom can file an appeal either to the 9th Circuit Bankruptcy Appellate Panel or she can elect to go to the Federal District Court sitting in whatever California district the bk court is in. Appeals are very hard to win but she has the right to try. Once the Notice of Appeal is filed she can also begin the process of trying to settle. Neither side really wants to deal with the cost of an appeal. Any discussions along the settlement front?

Des.

I highly doubt it, the creditor is very stubborn and will be asking for their full amount.

I am looking on pacer and there are pre trial dates set that are upcoming. Will a trial still take place even with the summary judgement?

[LadyInTheRed]

Was the summary judgement on all causes of action? If so, there will be no trial.

[SecretOC]

No, it was just for their own debt.

[LadyInTheRed]

When somebody sues you (or files an AP), they must state a cause of action which is the thing they are suing you for. There are often more than one cause of action. In their AP, they may have asked the court to declare their debt dischargeable, but may have had other things they were complaining about. A motion of summary judgement might resolve once cause of action, but leave others to be decided at trial.

[SecretOC]

Sorry for the late reply but alot has happened.. the trustee has also withdrawn their report of "No asset case"..