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cortrightlaw
cortrightlaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 513
Experience:  Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
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Hi... I am in an adversary proceeding case right now and i

Customer Question

Hi... I am in an adversary proceeding case right now and i am representing myself and the defendant has a lawyer. We went through preliminary pretrial conference already and schedule for final pretrial conference in a week and a half. My problem is that before the preminary pretial conference, the court had ask us to write a joint report of early meeting, and I had wrote it, but the defendant lawyer had not contacted me about it. When I had asked him if he needed anything from me after the meeting, he had say no. I had no idea I had to turn in that report with his signature and he play that against me. Now only more than a week away before the final pretrial conference and he had not contacted me about the report at all. I had contacted him two days ago and get no response from him. Also, discovery were supposed to be due from him on July 5th after 30 days extention, and he did not give me anything either. He is trying to get me on technically, and I had just realized it. What can I ask the court to do what is required of him (Motion to Compel to too late now). Will the court extent more time (I am worry because bankruptcy court is so strick on deadline)?
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  cortrightlaw replied 2 years ago.

cortrightlaw : Give me a minute to review your question and provide a response
cortrightlaw :

You should complete the conference statement yourself, and note the attempts that you made with the other parties attorney and they have not complied, and then file your own statement. Do you already have a trial date? most bankruptcy judges are fairly liberal in granting extensions but there are always a couple who give no ground so it depends on your judge. If you could get a motion to compel on calendar prior to the next hearing you would have your best chance at getting and extension so that can be heard.

cortrightlaw :

Remember a motion to compel requires that you meet and confer with the other attorney prior to filing the motion, usually it is good to do a verbal, then followup with a letter attempting to resolve the conflict first.

Customer:

trial date is 45 days away. conference date is 10 days away. is motion to compel doable?

cortrightlaw :

You should at least attempt it, call attorney on monday and attempt to meet and confer regarding getting your discovery responses, then confirm with a letter on monday stating what you attempted to do. Give the attorney 7 days to respond with discovery in letter, then if no response file a motion to compel, not the easiest of documents to draft. Then in your case management statement for issues put discovery has been served but Defendant has refused to respond to it, meet and confer has been sent, and a discovery motion is anticipated. This way the judge might address the issue at your upcoming hearing. At the hearing state that you do not believe you can go forward with the trial until the defendant responds to discovery.

Customer:

i am having problem with the website not letting me chat.

Customer:

Thanks.

Customer:
cortrightlaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 513
Experience: Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
cortrightlaw and 4 other Bankruptcy Law Specialists are ready to help you
Expert:  cortrightlaw replied 2 years ago.
Glad I could be of some assistance, please feel free to request me if you have any further questions.
Customer: replied 2 years ago.

one more thing... I had served discovery on 4/30, 5/10, and 5/21. The discovery on 4/30 was extented until 7/5. No order for extention for 5/10 or 5/21 discovery. Were those due on 6/10 and 6/21? Should I file for motion to compel on those too?

Expert:  cortrightlaw replied 2 years ago.
They are all clearly overdue so do the meet and confer and the motion on all of them, really if they are not going I respond there answer can be eventually struck or they will not be able to produce any evidence at trial. But start with the meet and confer then the motion to compel.
Expert:  cortrightlaw replied 2 years ago.
I was glad to be of assistance answering your bankruptcy question. As you proceed through the bankruptcy process if you have any additional bankruptcy questions I would be glad to assist you. When asking your questions just request cortrightlaw and the question will be routed to me for a response.

Attorney Kevin Cortright

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