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Ask Ellen Your Own Question
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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i am in pro per and have a large claim as a creditor in a bankruptcy.

Customer Question

i am in pro per and have a large claim as a creditor in a bankruptcy. Debtor''s counsel has ignored discovery requests and has filed a motion for summary judgment. What rule or case law supports my request to continue the MSJ until they produce the discovery?
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 7 years ago.

The automatic stay of the bankruptcy court prohibits any action against the debtor outside of the bankruptcy court. Once a bankruptcy has been filed all collection action must cease.

Once a bankruptcy is filed, the automatic stay of the bankruptcy court is in effect Bankruptcy Code regarding the automatic stay. 362 (4)k provides for actual and punitive damages for the willful disregard of the automatic stay.

Customer: replied 7 years ago.
Sorry, maybe I should have been more thorough. I filed my claims, the Debtor objected and I filed a Request for Hearing. I then subpoenaed the Responsible Individual's depo and production of docs. Debtos's counsel hasn't produced the doc's and he played games at depo. He then filed an MSJ. I think I can defeat the MSJ on the merits because there are several key triable issues that need to be resolved or are already under oath in a State court action. I would like to add to my opposition case law or rules tolling or continuing the MSJ until after movant has properly responded to discovery requests.
Expert:  Ellen replied 7 years ago.
I will opt out -- another expert will be with you