Attn: attorneys and paralegals

[fancy]

I need to know the name of the form (if there is one) or the wording to use to answer the court. I filed a motion to vacate a judgment; it was granted. Now I have 10 days left to answer the court.

I was told I simply need to restate that the suit was filed while I was under BK protection. All I need (I believe) is a sentence to preceed that.

Any help would be much appreciated.

[flacorps]

Something on the order of "Comes now the defendant, Joe Blow, and Says:

1. Blah blah, blah blah blah blah.

Wherefor defendant prays this honorable court dismiss the instant action as one having been commenced in violation of the permanent injunction entered by the Federal Bankruptcy Court, X district of Y with respect to the defendant.

Of course, my question is why doesn't the court just have a set of forms for vacating the judgment and terminating the action and not require a formal answer?

You got a discharge, right? No discharge ... the case probably stands.

[unusualsuspect]

If you are in the middle of bankruptcy, and the stay is in force then all you need to write is:

Defendant has filed for protection in Federal Bankruptcy Court District X. They automatic stay under Chapter 7/13 is still in effect.

Defendant prays that the Court dismiss this matter with prejudice.

You could also argue that this is the wrong venue, the correct one would now be the BK Court.