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Roger
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 26907
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Hi Kirk Adams.. of course it is me again.... still working

Resolved Question:

Hi Kirk Adams..

of course it is me again.... still working on the answer to the debtor's request to dismiss my complaint.... I managed to ge the proof of service, one original and one copy over night UPS to the BK court today.... it will arrive tues befor 10:30...

I am very nervous, I really submitted a lot of documentation, letters, bills, inform and so much stuff that I think the court was not be able to read evrerything I sent... it is in some kind of order, but I put it into an Exhibit Folder, as it relates to a few things I said in answer. I sent that stuff to attorney as well, but did that on the 6th and the court wont get it until the 11th.... the attorney has to send me his reply to my answer by the 11th and the hearing is on the 13th...

I still want to submit Supplemental memorandum of points and authorities... it that correct... just so that I can cite more elements under 523 etc etc that I did not have a chance to do...

I hope the court does not throw my answer out because of too much stuff and not enough case authority and not enough in the content of the answer...

what are your thoughts please!!! Thank You...
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Wendy-Mod replied 1 year ago.
Hi, I am a moderator for this topic. I sent your requested Professional, Kirk Adams a message to follow up with you here, when they are back online. If I can help further, please let me know. Thank you for your continued patience.
Expert:  Roger replied 1 year ago.
Hi - thanks for looking me up again.

It's good that you got your initial response filed. The court should not throw out your response because you have a lot of documentation attached. In fact, that should make it more difficult for the judge to grant a dismissal with all of the documentation that you have provided to the court. Also, you will be able to be able to explain all of the information at the hearing.

You also need to get your supplement filed as soon as you can so the debtor won't claim that he didn't have enough time to review and respond to the supplement before the hearing.

Obviously, I can't say what the judge will do (if I knew that, I'd be a much better lawyer!!), but you should not be worried about providing too much information/documentation.
Customer: replied 1 year ago.

okay, thank you I feel better... the documents are kind of messy..hilights, underlining, places I have scribbled notes...it is from a long time ago and I did not think I would need them anymore.... I just wanted you to know that also, I did not put exhibits on the docs I just submitted it in an Exhibit Folder... I did staple and hi-light and I did refer to some of it in the intial response, but will the court have time to read it...


Also, the hearing is on the 13th only two days away, I don't think I can get the supplement to the attorney until tomorrow late afternoon ? should I not do it... I will not get it to the court until the 12th I am in AZ and the court is in CA...


 


What if the attorney says he didn't get some of the docs and tries to dismiss the action on things like that?


 

Expert:  Roger replied 1 year ago.

If you can't get the supplement filed before court, then it's probably just best to make your arguments to the court at the hearing - - and just forgo the supplement.

If the attorney says he didn't get the documents, but they were filed with the court, the most likely result would be for the judge to continue the case for a week or so to give the attorney time to get the documents and have time to respond. But, the judge could just say tough stuff and proceed.

Customer: replied 1 year ago.

great thanks... I still have 11th and 12th to file the supplemental and get the attorney his... so I think I will try to submit some more elements under 523...


Kirk, how do I state the Caption....


 


"Supplemental memorandum of points and authorities".....


 


How should it Read?

Expert:  Roger replied 1 year ago.

Yes, it should just state "Supplement to ________________ (the title of the document you've already filed)".

You can then use the same format from your initial filing to make your supplemental statements/arguments.

Customer: replied 1 year ago.


and is it points and authorities and is it necessary to put more documents or is it okay with the supplement that I dont need to... Also, can I refer to a document I attached to my initial answer?

Expert:  Roger replied 1 year ago.
In the supplement, you can just refer to the documents you attached to your initial response. There's no need to re-attach them.
Customer: replied 1 year ago.

okay thanks again, I am going to sign off and again this was excellent as usual, I appreciate your assistance...


Is it acceptable to attach a document if I forgot to add one or two? is that proper procedure when filing a supplement? or is it better to leave well enough alone and go with what I already provided?

Expert:  Roger replied 1 year ago.

Yes, you can add new documents. You just need to identify the document and state that it is being attached as an exhibit. If you discuss the document, you need to reference it.

But, if the document has already been produced in the initial response, there's no reason to re-attach it; instead, you can just refer to it.

Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 26907
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Roger and other Bankruptcy Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank You....

Expert:  Roger replied 1 year ago.
Sure.

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