At this hearing, your attorney will have to provide a reason that the case should not be dismissed, which is basically explaining why you did not submit your IRS refund (because the IRS withheld it), and providing evidence of the reason. Your lawyer has to contact the trustee to provide this information - as soon as possible.
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Specifically, Lopez v. Bank of America, N.A., 2D12-1270, 2014 WL 1245609 (Fla. 2d DCA 2014) clarifies recovery of attorney’s fees when they are awardable but not plead by a defendant in a dismissed lawsuit.
If the grand jury or the judge do not find probable cause, then the charges must be dismissed. when prosecutors have very limited evidence against a defendant in a criminal case, they may conclude that they do not have enough evidence to move forward in the case and dismiss the charges on their own.
A situation where charges have been dismissed is different from a situation where charges were never filed. In the case of dismissal, the prosecutor actually formally filed criminal charges with the Court, and then dismissed them by motion later.
Once a defendant or suspect has learned their charges have not been filed, they’ve been declined, dismissed, or received an acquittal, there is often a sense of relief and even elation.
A: The lawyer should be responsive to your questions within 24-48 hours after you left a message. If the lawyer is not responsive, perhaps he or she is on vacation and unable to return.
Legal malpractice is a type of negligence in which a lawyer does harm to his or her client. Typically, this concerns lawyers acting in their own interests, lawyers breaching their contract with the client, and, one of the most common cases of legal malpractice, is when lawyers fail to act on time for clients.
when the case is dismissed with the express consent of the defendant, the dismissal will not be a bar to another prosecution for the same offense; because, his action in having the case dismissed constitutes a waiver of his constitutional right or privilege, for the reason that he thereby prevents the court from ...
If your attorney is not experienced or efficient, they may have missed a deadline or made another mistake and aren't willing to confess their error. There could also be some bad news that is entirely outside of the attorney's control.
No matter what name the agency in your state goes by, they will have a process you can use to file a complaint against your attorney for lying or being incompetent. Examples of these types of behavior include: Misusing your money. Failing to show up at a court hearing.
However, the effect of a dismissal is that the Court has conclusively decided the case by delivering judgment. Hence the only remedy open to a Claimant in such circumstance is to appeal against the Order of dismissal to a higher Court i.e. from the High Court to the Court of Appeal.
If a case is dismissed, the court closes the matter without taking a decision. On the other hand, disposition means that matter or the case has been decided by the court on the basis of merits or a judgement or order passed.
Summary: The case can be revived after it has been dismissed, but the individual must convince the court that there is a justifiable explanation for their absence. The matter can be reopened under Order 9 Rule 9 of the Civil Procedure Code 1908, but the person must provide sufficient grounds to the court.
A motion to dismiss is usually filed at the very begin of the legal process, right after the plaintiff has filed a complaint. Instead of filing an...
There may be various reasons why a motion to dismissed might be filed. A motion to dismiss is often filed for procedural reasons, such as: 1. One p...
When dealing with a personal injury case, it is often necessary for the parties to deal with pretrial motions such as a motion to dismiss. These ca...
A motion to dismiss is often filed based on procedural reasons , rather than the merits of the claim. Some reasons a party might file a motion to dismiss include:
The most important thing to keep in mind when filing a motion to dismiss is the deadline for filing. This, and other important rules for filing motions with the court, can be found in the rules of civil procedure for the jurisdiction where the complaint was filed.
There are many procedural rules to follow when you are a party to a civil or personal injury lawsuit. It is important to hire an experienced personal injury lawyer to represent you. A lawyer’s job will include identifying whether to answer the complaint or writing a motion to dismiss and filing that with the court first.
For example, in a personal injury case claiming the defendant was negligent, the plaintiff must allege all of the elements of negligence. If the plaintiff’s complaint does not include an accusation that the defendant caused the harm to the plaintiff, the defendant might file a motion to dismiss based on the plaintiff’s failure to include ...
The defendant might also file a motion to dismiss because the plaintiff failed to state a claim for which relief can be granted. In other words, the plaintiff has not alleged a valid cause of action or has failed to allege all of the elements required for a particular cause of action.
In some cases the plaintiff can dismiss the case simply by filing a notice of dismissal with the court. This must be done before the defendant has answered the complaint and possibly alleged their own counterclaims against the plaintiff.
A plaintiff can file a motion to voluntarily dismiss the case before the defendant has filed their answer. After the defendant has filed their answer to the complaint, the plaintiff and the defendant can come to an agreement and file a motion with the court to dismiss the case. The court can also decide on its own to dismiss the case “sua sponte”, ...
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If a key witness in a criminal case is unavailable to testify or the prosecution loses important physical evidence, the prosecutor may have no choice but to dismiss the case because there is not enough evidence to prove guilt beyond a reasonable doubt. In some cases, physical evidence is so important that, without it, the prosecutor cannot prove the case. If a witness disappears, dies, or refuses to testify on Fifth Amendment grounds (because his testimony may incriminate him, in that it shows that he also committed a crime), the prosecutor may not have enough evidence without the witness' testimony.
If a key witness in a criminal case is unavailable to testify or the prosecution loses important physical evidence, the prosecutor may have no choice but to dismiss the case because there is not enough evidence to prove guilt beyond a reasonable doubt.
If the officer arrested a person hiding in a doorway near the liquor store without any physical description from a witness or other basis for concluding that the person committed the crime, the officer made the arrest without probable cause and the charges may be dismissed.
Some grounds for dismissal include: lack of probable cause to arrest. an improper criminal complaint or charging document. an illegal stop or search.
A police officer cannot arrest a person simply because he has a gut feeling that the person just robbed the liquor store down the street. The officer must have a reasonable belief based on objective factual circumstances that the person robbed the store. For instance, after the liquor store robbery, an eye witness to the robbery describes the robber to the police officer as a person wearing a red jacket with a dragon emblem and boots and carrying a knife with a long blade and a black handle. If the officer sees a person matching that description hiding in a doorway down the street, he likely has probable cause to arrest.
If an officer randomly stops a person or a car or makes the stop because of the driver's race, the stop is illegal and violates the person's constitutional rights. (Read more about racial profiling and your rights when dealing with the police .)
Demand the file and originals. Tell him that you will file a complaint if he doesn't give them to you. Then do it. Good luck!
Formal letter to your former attorney demanding he turn over the file. Contact the state bar for assistance. The actions you are alleging are likely a violation of the rules of professional responsibility. There are all sorts of ethics red flags from what you've described.
See your attorney, anticipate having to pay or hire a new attorney. You are too far invested to risk losing your investment in the process.
From the date when the last plan payment is made to the date when a case receives discharge and is officially closed can take about 3-4 months. In our jurisdiction, there are a few things that must happen before a discharge can be granted. The Trustee files an accounting report. After that is done, and not before, the debtor or debtor's attorney files a form called "Chapter 13 Individual Debtor's Certifications Regarding Domestic Support Obligations, Section 522 (q) & Eligibility for Discharge" the form can be obtained on the court's website (this is for southern district if you're in a different court - check their website). http://www.casb.uscourts.gov/html/individual_forms.htm it is form CSD 2120. By the way, the fees you paid to your attorney included compensation for taking care of this for you. This form must be filed ONLY AFTER the Trustee files their official accounting report with the court. It's not the notice/letter you receive, it's an actual form filed by the Trustee with the court. If you don't know if this was done yet, you can do a case lookup on www.pacer.gov and check the docket to see what has been filed and when. Also, importantly, you must file, if you haven't already your Certificate of Completing the Financial Management Course AND a signed B23 form. I have my clients actually take care of this at the start of the case so that it is completed and one less thing to worry about and besides some people find the course useful for budgeting purposes while they are in the plan payments mode. If your attorney has abandoned you completely of course you can file a complaint with the state bar, you can file an attorney substitution form, you could mention what is happening to the Trustee's office and maybe you could take care of these two things yourself because they are not terribly complicated, the hard part is done. You can pull the forms down from the court's website and deliver them filled out and signed to the court's clerk. If however your attorney has not abandoned you, let him/her do the work. Some clients get very excited after the last payment and they want the discharge and case closed immediately so they are somewhat disappointed to learn that it takes a bit of time. I have to ask them to be patient and assure them that I haven't forgotten about them. If this tasks are not completed, the case will close without discharge. Although all is not lost. You would incur some filing fee and stamp expenses in reopening the case so that you can take care of these items and get the discharge you deserve. Congratulations on completing the plan payments. I'm sure it's a big relief and hope better things are in store ahead. Take care.
If your attorney fails to file the motion for discharge, then your case will be closed without a discharge. Which means that it's like the bankruptcy never happened, you'd still owe your creditors the full amount, etc.
The notice of voluntary dismissal was as to the claims that were in that Petition. I assume this is a worker's compensation case. First, consult with your attorney about the status and what it means. Second, you can check the Petition which was filed and see if the benefits listed in the Petition were provided or not.
The notice of voluntary dismissal was as to the claims that were in that Petition. I assume this is a worker's compensation case. First, consult with your attorney about the status and what it means. Second, you can check the Petition which was filed and see if the benefits listed in the Petition were provided or not.
Since the bankruptcy process is predictable, you can take certain steps to make sure your case is not dismissed. They include:
Yes, but your options may depend on why the case was dismissed, and how long it’s been since the dismissal. Check out this article in Upsolve’s Learning Center to learn more.
Having a case dismissed can also affect your ability to file bankruptcy again. In fact, filers who had their first filing dismissed in the 12 months before filing bankruptcy again only get a 30-day automatic stay in their new case. If you’ve had 2 or more bankruptcy cases dismissed in the 12 months before filing, you don’t get an automatic stay at all. In both cases, you can ask for an automatic stay, but you’ll have to show the court that this case is different than the last one.
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While that may sound harsh, there’s a good reason for it: It prevents so-called “serial filers” from abusing the bankruptcy system. Without these limitations, someone could file a Chapter 7 or Chapter 13 bankruptcy case to stop a real estate foreclosure, then let the case get dismissed.
A no-call no-show at the meeting of creditors is one of the fastest ways to get a case dismissed. Of course, if something comes up that prevents you from attending your meeting of creditors, you do have options. The first thing you’ll need to do is contact your bankruptcy trustee and explain what’s going on.
In a Chapter 13 bankruptcy, a 3 - 5 year repayment plan is established. A case can be dismissed if the filer doesn’t make all Chapter 13 plan payments, or fails to send their tax returns to the trustee every year.
While there are some exceptions to this general rule, none applied to the facts in Lopez. [iii] As such, the Lopez court held that when a plaintiff voluntarily dismisses a complaint, a defendant may be awarded attorney’s fees as costs under rule 1.420 (d) if (1) the parties’ contract or a statute defines fees as an element of costs and (2) the defendant either had given notice that he was claiming fees in responsive pleadings or falls within an applicable exception. Lopez v. Bank of America, N.A., 2D12-1270, 2014 WL 1245609 (Fla. 2d DCA 2014).
In litigation, under the right set of facts and law, the losing party is responsible for the attorney’s fees of the prevailing party. But, this determination is not always so simple. This post explores a recent decision where the litigants were entitled to fees under the contract, but fees were not plead in the answer and the case was voluntarily dismissed. Specifically, Lopez v. Bank of America, N.A., 2D12-1270, 2014 WL 1245609 (Fla. 2d DCA 2014) clarifies recovery of attorney’s fees when they are awardable but not plead by a defendant in a dismissed lawsuit.
There is no generally applicable statute entitling a prevailing party to recover attorney’s fees. Although parties can expand the ordinary definition of costs to include attorney’s fees, as occurred in Lopez, this does not abrogate the requirement that attorney’s fees must be pleaded. [i] Thornber v.