Before I file Chapter 13

[RW3]

I am located in CT. and I am being sued by my the lien holder on my underwater HELOC for breach of contract. They are not foreclosing, it is a civil suit.

I filed an answer and special defense back in October and they have done nothing on their end. Am I able to file a Motion for Non suit at this point stating they can't prove their case?

How would I go about doing so?

[LadyInTheRed]

This really isn't a bankruptcy question, but a civil procedure question that is best answered by somebody familiar with CT civil procedure. Not sure anybody here is going to be able to give you much more than an educated guess. Here's something I found with a Google search:

2005 Connecticut Code - Sec. 52-210. Motion for nonsuit.

Sec. 52-210. Motion for nonsuit. If, on the trial of any issue of fact in a civil action, the plaintiff has produced his evidence and rested his cause, the defendant may move for judgment as in case of nonsuit, and the court may grant such motion, if in its opinion the plaintiff has failed to make out a prima facie case

http://law.justia.com/codes/connecticut/2005/title52/sec52-210.html

Sounds like a motion for nonsuit is premature.

Why not just file your BK? That will stop the suit in its tracks and you can strip the HELOC if it is 100% underwater.