Produce Real Evidence In Bankruptcy Disputes

galactic flare

More lawyering for faster confirmation of Chapter 13 cases was the advice.

The newest judge on our bench called on a room full of bankruptcy attorneys to speed up the flow of cases through his (packed) courtroom by taking discovery.  When an informal request of the objecting creditor doesn’t yield the information you need, send discovery, he charged.

Let’s do the numbers.  Rule 9014 makes certain of the Part 7  adversary proceeding discovery rules applicable in contested matters.  Contested matters include objections to confirmation and objection to claims, probably the two most frequently encountered bankruptcy disputes, after relief from stay.

Rule 7033 provides for interrogatories; rule 7034 for production of documents; and rule 7036 for requests for admission.

Bankruptcy practitioners often seem to forget about the need to provide the court with admissible evidence in order to resolve disputes.  It is my belief that institutional creditors and their lawyers often file objections that, at minimum, are not well thought out and which they are not genuinely prepared to prosecute.

Have them produce some evidence, give the contentions of their position some thought, and expend some energy developing their objection and you may find discussions to resolve the matter more productive.

Evidence is kinetic.

Image courtesy of Lamerton

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