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Bankruptcy Law/Req for Prod. of Documents


QUESTION: I sent a Req. for Prod.of Docs to the trustee's attorney that listed 29 demands for specific certified documents that would either prove or disprove their alleged adv. complaints. They  answered ALL 29 demands with the same rhetoric: "The trustee objects to debtors's first (etc) request for the reason that it is argumentative, vzgue and ambiguos.  What documents they did submit were not certified as required, and the same documents they have consistently used in court for the past 4 years. Nothing new was submitted.
What pleading/motion can I file to respond to this to demand they either produce proof of their claims OR file a motion to dismiss.  Thanks.

ANSWER: Hi Maryann -- I'm not sure why you need "certified" documents; if they're produced in discovery they should be admissible in court.  That said, I would file a motion to compel production of the requested documents.  None of those reasons are valid objections.  You can also send them a request for admissions and a non-uniform interogatory.

Let's say they are fighting with you over a deed that never existed but they pretend it does.

If it doesn't exist, it destroys their case.

You send a request for admissions:  Admit you do not have a copy of deed x.
Admit that deed x does not exist.

Interrog:  for all admissions requested that you have not admitted without qualification, state all facts that support your response.

I'd still file your motion to compel but you should attempt a phone call with the atty that gave you this response as you need to do that in most jurisdictions before filing compel motions.

Good luck!


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QUESTION: Thanks, Mr. Lee H. - as always, you are 'right there'.  I did send him an email that I had received his responses with a 'got it- and you did exactly as I thought you would' answer.  He did not respond. This is the nutball that refuses to talk to me because I'm pro se, so everything must be in writing.  We are going to trial (me, acting atty) on June 24, so must get my ducks in a row before hand.  I've prepared a Motion for Summary Judgment to file just before or after the trial and have so warned the judge that is what I would do.  I read his response as they don't have any proof so they couldn't produce anything to support their complaints but I do know I must file something, just didn't know what.  Thanks again.  I'll go searching for some examples so I'll know how to prepare the admissions and interrogatories, etc.  I just might file both!  I have a motion for sanctions pending and their response might just play into that in some degree, what do you think?  
Thanks!!!  I have everything crossed I can cross that still keeps me upright!  Actually, I used the word certified just to aggravate them knowing they wouldnt get them certified.  My way of getting some licks in.

ANSWER: If you're this close to trial I'd justfile a motion to compel right away and forget about the other stuff.  s/j won't work this close to trial fyi;  at the motion hearing you can probably get the court to order excluded any documents not produced --that's not unusual;  is there a pre-trial conference scheduled?  That would be the time to bring this up as well, but I think you should file a motion to compel with a declaration this guy won't talk to you so you have not been able to meet & confer.  Good luck!!


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QUESTION: At the last hearing I told the judge that atty.would NOT talk to me because I'm pro se and that everything must be in writing so it was impossible to discuss 'settlement' - this judge just smiled and said there wasn't much he could do about that. There IS supposed to be a hearing by June 14 to discuss settlement.  These two clowns have taken a single  creditor in the amt.of $5021.99 and through phony atty. fees has driven that up to just under $25,000.00 with malicious prosecution complaints. This case is ongoing after the trustee knew funds had been arranged to pay the creditor and her over TWO YEARS AGO at a closing cost to me of $3348. It is all about $$$$$ with these two. This is Illinois.To simply call it corrupt would be a compliment, including the judges. There is no doubt this is a kangeroo court, biased and prejudiced against me.This judge has denied EVERY pleading & motion I have filed down to even a continuance because of a cardiologist appoint. BUT he allowed a continance for them because they wanted to go on vacation.
OK, I'll file ASAP a Mo. to Compel.with request to admit they cannot prove their case, IN that motion. This judge allowed a complaint filed that was clearly 2 months beyond the s. o. l. & should have been dismissed as a matter of law, but it is still there.  I am going to try to sue them in civil/state court after the case is closed for malicious prosecution. With a jury, I think I can prevail with all the garbage I've endured over a 4 year period of time unnecessarily.  You do know there is only one creditor - all of this over one creditor.  I have tried to get this paid and closed for over two years now. The trustee just keeps filing adversary complaints that are friviolous,(2) and uses the very same documents as 'proof'for 4 years, and those very same documents are the ones they submitted in my rea. for prod. I'm frustrated-what is the magic key?

OK, so if it's a settlement conference not a trial coming up, then go ahead with the admissions requests;  get yourself some help from a law library -- look for the forms for these and follow them carefully.  Admissions requested that destroy their case "admit you have no documents to support any cause of action in your adv complaint filed x date, case no. xx"

things like that.  

Then the interrog:  "For all admissions responses not admitted without qualification, state all facts in support of your response".  Simple and to the point;  use the forms book for the proper format as well.

At this stage your best bet is set them up for an appeal.

Ask the bk court clerk (or look on line) whether you have a bankruptcy appellate panel in your district -- if so appeal to them once the "trial" is done because granting a judgment on an outlawed claim (sol ran out) is a legal error the appellate forum will reverse with no problem;  but you can't appeal until you have a final judgment.

What about a complaint to the state bar?  Probably a waste of time if it's that corrupt.

You might want to think about moving elsewhere when this is all over just some editorial comment.

Admissions are "deemed admitted" if they don't respond within 33 days of being served by mail;  if you get some bogus type response and no facts supporting it, then file a motion to have the request "deemed admitted" because of a non-responsive response.  Owing to the treatment you've received thus far, that will probably be denied even if their response is "mary had a little lamb" for everything;  but once you appeal from your final judgment, you should also appeal from the order denying yoru request that they be deemed admimtted.

My guess is that's how it will go down so set em up for a reversal on appeal.

Does the US Trustee have any involvement in this case?  Normally they're the creditor's best friend but it might not hurt to ask them about this trustee's atty they supervise --- don't hang your hat on anything happening there.

Good luck with this.


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Consumer bankruptcy questions invited. I've been filing Chapter 7, 11 and 13 cases since 1985 in Calif and Arizona. I do NOT do homework questions. Let me know what state you're located in when you write. My bankruptcy practice is limited to California and Arizona but inquiries from other states are welcome. Your local jurisdiction determines exemptions. Find more background information at our website, Individual Chapter 11 and small business chapter 11 questions invited. We can also advise on the creditor's side if for example you have a fraud case, money judgment etc against someone who has filed (or is threatening) bankruptcy. We have filed and defended numerous adversary complaints in bankruptcy court and opposed trustees' demands for turnover of assets from time to time.


My partners and I have filed over 5000 consumer and small business cases to date in California and Arizona.

I've been a member of the California bar since 1984 and Arizona since 2004; also a member of the National Association of Consumer Bankruptcy Attorneys, Bankruptcy section of the Arizona State Bar, Tucson Association of Consumer Bankruptcy Attorneys, Arizona Consumer Bankruptcy Counsel and American Hellenic Educational and Progressive Association (AHEPA).

I've written a booklet on land trusts for real estate owners, players and dealers, and co-authored a special edition of "Stop Sitting on Your Assets". I was a writer of a monthly law review article relating to California real estate issues and pending and recently enacted legislation.

Attorney at law, experienced in trial procedures, adversary complaints filed and defended and numerous claims objection proceedings as well as filing cases for consumer and small business debtors.

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