Motion To Dismiss In Bankruptcy

In Bankruptcy, What Is A Motion To Dismiss?

A motion to dismiss is a legal tactic that trustees use to clear the bankruptcy docket of unwanted cases. It means that the trustee has requested the court to dismiss the bankruptcy case. When a motion is filed, a date is set in the future for when the court will hear argument as to why your bankruptcy case should be dismissed. The motion is heard in open court before a judge unless the motion gets canceled, or both parties reach an agreement on a court order.

The Three Must-Do Steps When Receiving A Motion To Dismiss From The Trustee

If you were not expecting to receive a notice of dismissal in the mail, the first thing you need to do is pick up your phone and contact your attorney as soon as possible. If you do not have one, hire one.

Second, review the trustee’s motion to see on what grounds the trustee is asking for dismissal of your bankruptcy case. This second step is critical when you do not have an attorney or your attorney is not available. This will help you decide whether you can solve the problem that the trustee claims as an issue.

Discuss Your Options With A Dallas Bankruptcy Lawyer

Engel Law Group, P.S., is committed to handling all aspects of the bankruptcy process on behalf of clients. We also make it a point to clarify all concepts clearly and to answer any questions as they arise. If you would like to learn more about motions to dismiss, do not hesitate to contact 214-915-2205, or to complete a case evaluation form.