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Ask Terry L. Your Own Question
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2820
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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Hi Terry, Are you available for a question. I have finished

Resolved Question:

Hi Terry,
Are you available for a question. I have finished the Answer to the Adversary Proceeding.
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 7 years ago.
sure, I am available today
Customer: replied 6 years ago.
Hi Terry,
I have a question submitted...are you available?
Expert:  Terry L. replied 6 years ago.
Yes, what is your question?
Customer: replied 6 years ago.
Great! Here's the question i submitted:
We are working on our personal bankruptcy case Pro Se. There was an Objection to Chapter 7 Discharge filed. We prepared our answer (with your help). At this point we have a question with regards XXXXX XXXXX Initial pre-trial procedures in adversary proceeding and scheduling. We have a conference call that is prior to the Management conference. Please explain what this includes: Fed R Bankr. P. 7026(f) to consider the nature and basis of their respective claims and defenses, the possibilities for a prompt settlement or resolution of the case, to make or arrange for the initial disclosures required and to develop a PROPOSED DISCOVERY PLAN for this adversary proceeding. We do not understand the definition of discovery plan/seek discovery/initial disclosures. Note: in the resent pre trial appearance, the judge seemed to scold the Plaintiff with regards XXXXX XXXXX attempted use of a 727 Discharge in this case.
Expert:  Terry L. replied 6 years ago.
You need to set out for the judge your case, or what you intend to prove at court. The plaintiff obviously has the burden to prove the case, but you should be considering what your defense to their claim is, ie: that the adversary should be denied because it fails to meet the exceptions to discharge because x, y. z (whatever he is arguing and why you feel it doesn't satisfy the statutory requirements to be non-dischargeable)

The judge wants to know that you are getting the requests for discovery in order- ie: you can request copies of documents that the plaintiff seeks to use against you..contracts, payments etc. These all need to be requested by the court.

You should prepare a witness list, if any. You should also be prepared to tell the judge how you expect the case to be resolved, whether a settlement can be negotiated etc.

Basically the judge wants to hear what this case is about, what information is to be used, so they can figure out how the trial will proceed, how long etc.

Burden is more on the plaintiff, but you should have preliminary information ready. if you need clarification, you can call the court clerk or the judges law clerk for a list of information requested. Perhaps the judge has a local rule that sets out what they would like in each case, so you can prepare a proper defense.
Customer: replied 6 years ago.
Got it.
I am speaking with the Plaintiffs attorney via a phone conference this evenening that was ordered prior to the pre-trial procedures. Are you reccomending I ask their attorney to 'be prepared' to offer documentation that proves that there was a transfer within a year of the filing (their false claim)? How do I say: show us the document that proves your claim? This is what you are suggesting this phone conference is about...and discovery means...show us the documents?or be prepared to show the documents?

Thank you so much.
Expert:  Terry L. replied 6 years ago.
I misunderstood what you were asking. I misunderstood, I thought this was a pre-conference by phone with the judge. You should start to discuss what specific documents that you may want. Discovery can be in the form of interrogatories, usually limited to 20. These are basically factual statements that must be answered and can be used to cross examine witnesses and impeach them, or to go to character etc. Depositions can be next where questions are answered under oath on direct examination at a pre-trial hearing. If this phone call is just a conference with opposing counsel, you just need to discuss how much time you need for discovery, document production etc. So that you are in agreement on what is needed when it comes time to the management conference with the judge.
Customer: replied 6 years ago.
ok...so tonight we will just discuss the amount of time we may need, basically? We won't ask for information from their council until the conference with the judge?
Customer: replied 6 years ago.
Terry, I'm having trouble getting my answers from you and I need to accept so you get paid...please answer to this reply so i can tell you are recieveing this. sorry, and thanks the answer helped - i will accept and have more questions that i want to direct to you. Never had this issue with the system before...odd.
Expert:  Terry L. replied 6 years ago.
Sorry, you wrote your reply after I shut off my computer. Hopefully everything went smoothly. In the future you can ask a general legal question, but I encourage you to hire an attorney to represent you in this matter, as it can get complicated. Good luck
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