What does it mean to be summoned to submit a motion or answer in bankruptcy?

Full question:

I loaned my daughter $5,500(from SSD initial lump sum) and was paid back prior to my daughter filing Chapter 7 bankruptcy. I have been 'summoned to submit a motion or answer to a complaint'. What does that mean? Should I contact the plaintiff's attorney? I am on SSD; I receive $975 per month direct deposit to my checking account. I don't have $5500 and can't afford payments or an attorney. What should/can I do?

Answer:

A summons to submit a motion or answer means you need to respond to a legal complaint. If you don’t respond within the required time, the court may issue a default judgment against you, meaning you lose the case automatically. This can happen if you fail to file an answer, which is your official response to the claims made against you.

Your answer should address each claim made in the complaint, either admitting or denying them, or stating you can't admit or deny due to lack of knowledge. You can also present defenses or file a counterclaim if applicable.

It's advisable to contact the plaintiff's attorney to discuss the situation, especially since you’re on SSD and may have limited financial resources. If you cannot afford an attorney, consider seeking legal aid services in your area. Remember, you must file your answer within the time provided to avoid a default judgment.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In general, student loans are not discharged in Chapter 7 or Chapter 13 bankruptcy. You are still responsible for repaying them unless you can prove undue hardship, which is a difficult standard to meet. In Chapter 13, you may be able to include your student loans in your repayment plan, but they will not be eliminated. It's important to consult with a bankruptcy attorney for specific guidance regarding your situation.