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In re Lisse, Case No. 16-12556-13 (03/06/2017) (565 B.R. 903) -- Judge Catherine J. Furay

Case Summary:
Debtor Sondra K. Lisse filed a Chapter 13 Plan. Mortgage creditor HSBC objected to confirmation. At a telephonic hearing, the Court permitted discovery. HSBC requested an extension of time; Debtor’s counsel agreed under certain conditions that were not agreeable to HSBC. HSBC then moved to dismiss Debtor’s case. Debtor moved for sanctions under Fed. R. Bankr. P. 7037 or, in the alternative, to determine the sufficiency of responses to her discovery requests, and compel responses. Digging through the cascade of voluminous filings, the Court found Debtor failed to certify that she conferred or attempted to confer in good faith with HSBC prior to bring her motion to compel because she offered HSBC an ultimatum.

Statute/Rule References:
Fed. R. Bankr. P. 7033 -- Interrogatories to Parties
Fed. R. Bankr. P. 7036(a)(6) -- Motion Requesting the Sufficiency of an Answer or Objection
Fed. R. Bankr. P. 7037 -- Failure to Make Discovery; Sanctions


Date: 
Monday, March 6, 2017