What if opposing counsel files Exhibits late?

[BMG_FL]

Middle District, FL. Pro Se. This is a Chapter 13 Bankruptcy case, but have a trial scheduled on Motion to Show Cause for violating the automatic stay. The deadline to supply exhibits was one week before trial, or this past Tuesday. Yesterday, I received exhibits from opposing counsel. What would be the proper course of action? Do I need to officially oppose the exhibits with the court today?

 

[quincy]

Middle District, FL. Pro Se. This is a Chapter 13 Bankruptcy case, but have a trial scheduled on Motion to Show Cause for violating the automatic stay. The deadline to supply exhibits was one week before trial, or this past Tuesday. Yesterday, I received exhibits from opposing counsel. What would be the proper course of action? Do I need to officially oppose the exhibits with the court today?

You are the one seeking bankruptcy protection? You do not have an attorney?

 

[BMG_FL]

I am the one in Chapter 13 bankruptcy. No attorney. Plan is confirmed, and I am making payments.

 

[Zigner]

Middle District, FL. Pro Se. This is a Chapter 13 Bankruptcy case, but have a trial scheduled on Motion to Show Cause for violating the automatic stay. The deadline to supply exhibits was one week before trial, or this past Tuesday. Yesterday, I received exhibits from opposing counsel. What would be the proper course of action? Do I need to officially oppose the exhibits with the court today?

Likely nothing will happen. The delay doesn't hinder your ability to pursue the matter.

 

[BMG_FL]

Likely nothing will happen. The delay doesn't hinder your ability to pursue the matter.

Thanks for the response. I know I can pursue the matter. But I want to bar the other side from using these exhibits, because they were filed late. I'm looking for the proper procedure to do that, if any.

 

[BMG_FL]

You are the one seeking bankruptcy protection? You do not have an attorney?

I am the one in Chapter 13 bankruptcy. No attorney. Plan is confirmed, and I am making payments.

 

[doucar]

You would file an objection to the exhibits with the court. Did you receive them late or were they filed with the court late. If they were postmarked on time, that is usually enough. But I doubt that a one or two day delay will matter much.

 

[adjusterjack]

I want to bar the other side from using these exhibits, because they were filed late.

One day late? So, you have 6 days instead of 7 days.

Your time would be more wisely used figuring out how to address the exhibits as if they were filed on time rather then bet on a technicality.

 

[BMG_FL]

Thank you all for the responses.

 

[Litigator22]

Middle District, FL. Pro Se. This is a Chapter 13 Bankruptcy case, but have a trial scheduled on Motion to Show Cause for violating the automatic stay. The deadline to supply exhibits was one week before trial, or this past Tuesday. Yesterday, I received exhibits from opposing counsel. What would be the proper course of action? Do I need to officially oppose the exhibits with the court today?

Well that makes good sense . . . doh? First you put the creditor to the burden and considerable expense of explaining to the court any justification it has for its alleged violation of the Section 362 Automatic Stay Order. And if not, suffer such sanctions as may be imposed by the court.

Now you want to want to tie its hands by preventing it from effectively responding to your motion. And all because you foolishly believe that the creditor was materially tardy in complying with the pre-hearing discovery/exhibits order?

Are you so naïve as to believe that the court will exclude those proposed exhibits, impose sanctions and thus deny the creditor due process of law on your feeble argument of untimeliness?

If any justice were to be served here it would be in the form of the court ordering you to pay the responding creditor's attorney fees! Plus, being properly berated for wasting the judge's daylight.

 

[Ohiogal]

Well that makes good sense . . . doh? First you put the creditor to the burden and considerable expense of explaining to the court any justification it has for its alleged violation of the Section 362 Automatic Stay Order. And if not, suffer such sanctions as may be imposed by the court.

Now you want to want to tie its hands by preventing it from effectively responding to your motion. And all because you foolishly believe that the creditor was materially tardy in complying with the pre-hearing discovery/exhibits order?

Are you so naïve as to believe that the court will exclude those proposed exhibits, impose sanctions and thus deny the creditor due process of law on your feeble argument of untimeliness?

If any justice were to be served here it would be in the form of the court ordering you to pay the responding creditor's attorney fees! Plus, being properly berated for wasting the judge's daylight.

Untimeliness has been upheld in many courts as a reason. I have won procedural arguments on that issue. So you might want to actually back up. Can anyone guarantee that? No. But those arguments are won. HOWEVER, he should still be prepared to move forward.