Central District Consumer Bankruptcy Attorney's Association

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yes, most courts rule a mrs is a contested matter, but time restraints often make discovery difficult. 362e requires a final hearing w/in 30 days of preliminary hearing, so discovery requests have to be made as soon as you are served the motion. If you can convince the other side to waive 362e, you get more time.
Of course, if you lose the preliminary hearing, you will get no discovery. So you still have to make the showing necessary to prevail at the preliminary hearing.
You can try to convince the court that you need discovery to reply to the preliminary hearing, but don't count on this being a solution, get the discovery out.
d
On May 7, 2013, at 8:14 PM, Kirk Brennan wrote:
> Does a Motion for Relief from Stay entitle the Debtors opposing the Motion to conduct discovery (request for admissions, RFP, etc)?
> Is a Motion for Relief from Stay a "contested matter" under FRBP 9014._,___

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Steve:
Present all your evidence and send out the discovery. Let the court know you have requested discovery. At the hearing ask the court for to schedule an evidentary hearing. That's how I have usually done it but it usually occurs on Motions to Value Property.
Catherine.
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________________________________
To: cdcbaa@yahoogroups.com
Sent: Tuesday, May 7, 2013 8:15 PM
Subject: RE: [cdcbaa] MFRS- contested matter entitling Debtor to discovery?
Yes. I remember when evidentiary hearings were made to find out if there was a sufficient equity cushion, back when people had equity more often. However, the timing for the discovery you propose given the short time leads in 362 could be problematic. I dont remember ever doing that type of discovery.
From:cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] On Behalf Of Kirk Brennan
Sent: Tuesday, May 07, 2013 8:15 PM
To: Cdcbaa Yahoo Listserv
Subject: [cdcbaa] MFRS- contested matter entitling Debtor to discovery?
Does a Motion for Relief from Stay entitle the Debtors opposing the Motion to conduct discovery (request for admissions, RFP, etc)?
Is a Motion for Relief from Stay a "contested matter" under FRBP 9014?
Thanks,
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Yes. I remember when evidentiary hearings were made to find out if
there was a sufficient equity cushion, back when people had equity more
often. However, the timing for the discovery you propose given the
short time leads in 362 could be problematic. I don't remember ever
doing that type of discovery.

The post was migrated from Yahoo.

Does a Motion for Relief from Stay entitle the Debtors opposing the Motion
to conduct discovery (request for admissions, RFP, etc)?
Is a Motion for Relief from Stay a "contested matter" under FRBP 9014?
Thanks,
CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
exclusive and confidential use of the intended recipient. If you are not
the intended recipient, please do not read, distribute or take action in
reliance on this message. If you have received this message in error,
please notify us immediately by return e-mail and promptly delete this
message and its attachments from your computer system. We do not waive
attorney-client or work product privilege by the transmission of this
message.
TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
constitute a "reliance opinion" as defined in IRS Circular 230 and may not
be used to establish reasonable reliance on the opinion of counsel for the
purpose of avoiding the penalty imposed by Section 6662A of the Internal
Revenue Code. The firm provides reliance opinions only in formal opinion
letters containing the signature of a director.
Does a Motion for Relief from Stay entitle the Debtors opposing the
Motion to conduct discovery (request for admissions, RFP, etc)? Is a Motion for Relief from Stay a "contested matter" under FRBP 9014?Thanks,--
CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance on this message. If you have received this message in error, please notify us immediately by return e-mail and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message.
TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not constitute a "reliance opinion" as defined in IRS Circular 230 and may not be used to establish reasonable reliance on the opinion of counsel for the purpose of avoiding the penalty imposed by Section 6662A of the Internal Revenue Code. The firm provides reliance opinions only in formal opinion letters containing the signature of a director.

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