QUESTION
Do I have a chance to refile my answer on a summary judgment?
Asked on Mar 21st, 2013 on Foreclosures - New York
More details to this question:
A bank filed a summary judgment. We answer the summary judgment. Then the bank filed for bankruptcy and an automatic stay was put in place for the bank. But a federal judge erred when he answer the summary judgment because he answer it after the stay was in place. When the stay is lifted will the bank have to refile the summary judgment since the court erred when answering and a stay was in place.
3 ANSWERS
You need a good bankruptcy lawyer to look everything over. If the federal judge erred, you could appeal or ask the court to reconsider its ruling in light of the bankruptcy.
Answered on Mar 25th, 2013 at 7:59 PM
Most probably
Answered on Mar 22nd, 2013 at 3:00 PM
First, you should refer to your filing as an "opposition," not an "answer" so as not to confuse it with the pleading filed in response to the complaint. The judge could make the bank start over again and re-file the motion for summary judgment. Or the judge might just reschedule the hearing on the existing motion without requiring new filings. You might be able to just file a "supplemental opposition" to the motion without leave of court. The safer way would be to file a motion to the court for an order granting leave to file a supplemental opposition. You need to do this as early as possible.
Answered on Mar 22nd, 2013 at 3:00 PM