Most 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 decided 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.
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