Legal Question in Bankruptcy in California

Adversary proceding in C-7

I�m in a adversary preceding in a personal C-7 in CA. Discovery has started & they served me with a request for Production of Documents. 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. Am I correct that I don't have to respond until I get properly executed requests & the time to respond starts when I get the proper request.

2) many of the documents they are asking for are documents from my C Corp, not me personally. The 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 & do they need to subpoena as a 3rd party?

3) also sent a Request for Admissions. Same thing, no signature no email, many of the admissions are issues relating to the Corp, such as things relating to monies paid by the Corp to an employee. The questions are worded ''You'' and no reference is made to the Corp, which in any case is not named as a defendant Do I have to answer those questions?


Asked on 3/12/09, 1:29 am

2 Answers from Attorneys
David Gibbs The Gibbs Law Firm, APC

Re: Adversary proceding in C-7

Without reviewing the discovery requests, I cannot answer the questions with any certainty. While yes, if they are not signed, you would have a potential defense to their subsequent motion to compel discovery responses, I can tell you that a bankruptcy court judge is not going to be tremendously sympathetic to defenses based on a simple technicality. While you may prevail, unless you take some action to mitigate this (like contacting opposing counsel and advising them that you will not respond to unsigned discovery requests), you will incur the ire of the judge. As for the discovery aimed at the corporation, it depends entirely on the underlying matter whether discovery of matters related to a corporation you own is relevant. You don't state whether you are the debtor, or a third-party to the underlying bankruptcy, so its hard to say if its relevant. I highly suggest that being obstenant based on technicalities might buy you some time, but ultimately the opposing attorney will correct them and you will have to respond. Bankruptcy Court judges don't like delays over matters such as this. If I were in your shoes, I would write to opposing counsel expressing your concerns, and advising that you will respond to proper discovery when and if propounded.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 3/12/09, 1:15 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Adversary proceding in C-7

Mr. Gibbs has given good advice. Leave it to a professional. Let your lawyer deal with the stress of the consequences of tactical decisions. Get represented. Contact me directly.

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Answered on 3/12/09, 5:29 pm


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