What is the name of your state (only U.S. law)? CA.
I am in a C-7 personal BK filed In Pro Se and one of the creditors filed an Adversary action to kill the BK under 727 and 523. I am the sole stockholder in a C Corp and the person was an employee of the Corp. They are owed some unpaid wages and they also made a loan to the Corp that I personally guaranteed. They had prior to my filing of the C-7 filed a complaint on Superior Court against both the Corp and myself personally alleging monies owed for wages as well as monies not paid back on the loan.
Their claim is that I preplanned the BK 3 years prior and that I did not make any payments to repay the loan. They also claim I knowingly withheld information from the trustee to defraud the court. Also that there were undisclosed companies
The facts are the Corp made multiple payments on the loan (they in their Superior Court complaint they even say a payment was made). There were some DBA of the Corp that were not listed, they were not separate companies, but part of the Corp. and there was no intent to deceive or misdirect. Their claim that the BK was planned 3 years before is beyond belief as the Plaintiff was an employee for 1 year after they made the loan and teh Corp was trying to expand. It was over a year after the Corp closed it doors that I filed the BK
It has progressed to Discovery and they served me with a request for Production of Documents. Interestingly, the attorney did not sign or certify the request or include his email address as is required in FRCP 26 (g)(1)
1) FRCP 26 (g)(2) states that a party has no duty to act on an unsigned request, so I am assuming that until they send me a properly signed one I don't have to respond to it at all. Also I assume that once they do send me a proper request that the time to get it done starts then , not at the time they sent the unsigned one
2) In their request, many of the documents they are asking for are documents from the Corp, not me personally. Since their action is against me and the Corp is not named as a defendant, do I have to supply anything as the Corp is a 3rd party and do they need to subpoena a 3rd party? Their request also does not have any instructions on how to prepare the documents for inspection and coping
3) They also sent a Request for Admissions. Same thing, no signature no email address of the requestor. Again, many of the admissions are issues relating to the Corp, such as things relating to monies paid by the Corp to an employee or monies owed by the Corp. The questions are worded "You" and no reference is made to the Corp, which in any case is not named as a defendant in the complaint.
Am I correct in my assessment that I don't have to respond until I get properly executed requests and that the time to respond starts when I get that request.
That their request for info/documents from the Corp have to be requested properly for a 3rd party
Please help
Thanks
I am in a C-7 personal BK filed In Pro Se and one of the creditors filed an Adversary action to kill the BK under 727 and 523. I am the sole stockholder in a C Corp and the person was an employee of the Corp. They are owed some unpaid wages and they also made a loan to the Corp that I personally guaranteed. They had prior to my filing of the C-7 filed a complaint on Superior Court against both the Corp and myself personally alleging monies owed for wages as well as monies not paid back on the loan.
Their claim is that I preplanned the BK 3 years prior and that I did not make any payments to repay the loan. They also claim I knowingly withheld information from the trustee to defraud the court. Also that there were undisclosed companies
The facts are the Corp made multiple payments on the loan (they in their Superior Court complaint they even say a payment was made). There were some DBA of the Corp that were not listed, they were not separate companies, but part of the Corp. and there was no intent to deceive or misdirect. Their claim that the BK was planned 3 years before is beyond belief as the Plaintiff was an employee for 1 year after they made the loan and teh Corp was trying to expand. It was over a year after the Corp closed it doors that I filed the BK
It has progressed to Discovery and they served me with a request for Production of Documents. Interestingly, the attorney did not sign or certify the request or include his email address as is required in FRCP 26 (g)(1)
1) FRCP 26 (g)(2) states that a party has no duty to act on an unsigned request, so I am assuming that until they send me a properly signed one I don't have to respond to it at all. Also I assume that once they do send me a proper request that the time to get it done starts then , not at the time they sent the unsigned one
2) In their request, many of the documents they are asking for are documents from the Corp, not me personally. Since their action is against me and the Corp is not named as a defendant, do I have to supply anything as the Corp is a 3rd party and do they need to subpoena a 3rd party? Their request also does not have any instructions on how to prepare the documents for inspection and coping
3) They also sent a Request for Admissions. Same thing, no signature no email address of the requestor. Again, many of the admissions are issues relating to the Corp, such as things relating to monies paid by the Corp to an employee or monies owed by the Corp. The questions are worded "You" and no reference is made to the Corp, which in any case is not named as a defendant in the complaint.
Am I correct in my assessment that I don't have to respond until I get properly executed requests and that the time to respond starts when I get that request.
That their request for info/documents from the Corp have to be requested properly for a 3rd party
Please help
Thanks