Arm Yourself For Battle With Creditors

Rules for Bankruptcy Contested MattersMost contests have rules.  Charny wrote on medieval jousting; Hoyle on cards;  Queensberry on boxing.

Rule 9014 provides the rules of bankruptcy disputes.

9014 recognizes contested matters:  disputes in bankruptcy cases that  don’t require an adversary proceeding but do require the court to decide a disputed issue.

You can hardly be an effective player if you don’t know the rules.

What’s a contested matter?

Any time there are at least two sides to an issue  that needs to be made by a judge, you have a contested matter.

Think:

  •  objection to confirmation;
  • objection to proof of claim;
  • objection to claim of exemption;
  • opposition to motion to avoid lien impairing an exemption.

Each arises in the administration of a case or in motion practice.  Absent a negotiated settlement, each will require the court to enter an order resolving the matter.

That’s a contested matter.

Rule book

With a few exceptions, Rule 9014 gives the parties to a contested matter the rights and tools that parties to an adversary have:

  • Notice as provided in Rule 7004. Note that provides for  service on banks by certified mail addressed to an officer
  • Discovery, including production of documents, depositions and interrogatories
  • Live testimony at an evidentiary hearing
  • Costs to a prevailing party
The Part VII rules applicable to contested matters allow you to flush out information in the possession of your opponent.
Get a nonsensical objection to plan confirmation?  propound some discovery.   Ask  for admissions;  demand production of documents.
Make the opposition flesh out their position or admit it is knee jerk nonsense.  Each of those Part Vll tools is available in a contested matter.
That’s real power.  Let the games begin.

Image courtesy of getasword.com 

 

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