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socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 38452
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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I have a hearing on my motion to ... on Sep. 13, 2013, and

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I have a hearing on my motion to ... on Sep. 13, 2013, and defendant attorney sent me opposition to my motion yesterday on August 30, 2013. What action should I take? Just go to hearing on motion or should I respond to opposition to motion?
Northern Cal. Bankruptcy Court Local Rule 7007-1(e) permits you to file and serve a reply brief at least 7 days prior to the hearing. A reply brief attempts to rebut any statements made in the opposition brief which you believe were not covered by your original argument. You cannot raise any new issues -- however, if the opposition raised new issues, rather than merely opposed your motion, then you could ask the court to deny any consideration of the new issues raised, as a matter of due process.

You don't have to reply. Most attorneys do not, unless there is a compelling reason to do so.

Hope this helps.
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