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Thanks. I have to go. If I am late, can I have discovery at pre-trial or trial?
And I discovered defendant made an false statement on his bankruptcy statement. Can I file a perjury separately other than adversary proceeding?
And where is the request for admission? I do not need to put "Request for Admission?"
A: Pretrial. No discovery is permitted during trial, except to call a witness who may testify differently than may have been previously expected.
A: You can file a complaint of bankruptcy fraud with the U.S. Trustee, at this link. Other than that, if you prove that the defendant committed a fraud against the court during the proceedings, then you could ask the Bankruptcy Court to sanction the defendant, pursuant to the court's inherent powers under Bankr. Code 105(a), or under FRBP 9011.
A: No, but you need to explain to the court what is wrong with the defendant's answers to your request for admissions.
Hope this helps.
I filed the above motion to Federal court clerk this Monday. She said check up with pacer if have questions. How can I check the motion date and what should I attach and how can I get information on the attach. Just name a few. A proposed order, a written notice of motion, and/ or notice of hearing.
When I read a bankruptcy book (I am not sure whether it is a bankruptcy book or not) "Notice and Service of Motion (L.R. 6-1, General Order No 10-07, "a written notice of motion must be files with the clerk no later than 28 days before the date set for hearing and must be served on each of parties ( I have only one party)... When a proposed order accompanies the motion, the proposed order must be in pdf format and included as an attachment to the motion.
I filed motion with declaration of facts and memorandum of point and authorities this monday. The above motion is notice of motion? I didn't file a proposed order which I don't know what it is. After filing a motion, I asked a clerk of when it is a hearing date and she said check with pacer. That is all.
Thanks. My computer was down. I have a pacer account. After checking a hearing
date, should I inform the opposing party. Is that a proposed order. And should I file a proof of service to federal court after emailing a proposed order with a hearing date to defendant attorney (I have an agreement with defendant attorney for emailing)? Sorry to bother you, but it is very important matter to me.