· 11/2/2005
Khachikyan v. Hahn (In Re Khachikyan)
Citations
- 335 B.R. 121
- 2005 Bankr. LEXIS 2235
- 2005 WL 3116003
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting Bankruptcy Rule 9014 only requires an evidentiary trial when there is a genuine factual dispute
- noting that “trial on a contested matter under Rule 9014, by virtue of a 2002 amendment to that rule, ordinarily requires trial testimony in open court with respect to disputed material factual issues in the same manner as an adversary proceeding”
- “An order dismissing a case for substantial abuse under § 707(b) is also reviewed for an abuse of discretion”
- debtor seeking an adversary proceeding failed to articulate factual issues requiring discovery
- F.R.B.P. 1017(f) prescribes the “contested matter” procedure of Rule 9014 for section 707(b) motions
- “[W]here one wants discovery in a contested matter, it is generally too late to wait to the day of the hearing on the merits to request to conduct discovery in the future.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Klein, Montali, Brandt
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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