QUESTION
How do I contest a motion to dismiss my claim against a bankrupt company?
Asked on Oct 04th, 2013 on Bankruptcy - Texas
More details to this question:
I made a claim for severance from Nortel Networks. I recieved notice that my claim is going before the bankrupcy court along with others to be rejected. I don't believe it should be rejected because I can point to other claims nearly identical to mine which have been approved. I only have until Oct 11 to object to the motion which is going before a judge later in October.
1 ANSWER
Wills and Estate Planning Attorney serving Sugar Land, TX
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Law Offices of Kimberly D. Moss, PLLC
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You need to file a brief in opposition to the motion to dismiss that explains why your case should not be dismissed. You will need to point to the similar claims that have been upheld and case law for similar situations where courts have heard the issue and resolved the matter rather than throwing the case out. A legal brief is a document that very clearly shows the court why you are opposing the motion to dismiss using case law, facts, and similar scenarios to yours to persuade the court to allow the claim to continue.
Answered on Oct 07th, 2013 at 1:22 PM