RE: [tips_and_tricks] need help with 12b6
This should help.
Motions for Dismissal or summary Judgment REQUIRE affidavits, evidence.
“Statements of counsel in their briefs or arguments are not sufficient for purposes of granting a motion to dismiss or for summary judgment......” Trinsey v. Pagliaro, D.C. Pa. 229 F. Supp. 647 (1964).
“Unsupported contentions of material fact are not sufficient on motion for summary judgment, but rather, material facts must be supported by affidavits and other testimony and documents that would be admissible in evidence at trial.” Cinco Enterprises, Ins. v. Benso, Okla., 890 F. 2d 866 (1994)
Where there are no depositions, admissions, answers to interrogatories, or affidavits, motion for summary judgment can not be considered.
I’ve helped with hundreds of adversary actions in bankruptcies in over more than 20 years. Email me a copy of your Adversary Complaint, Affidavit in support of, Memorandum of Law in support of and I will read and we can discuss. 661-821-6740.
Respectfully, KNOW THE LAW Educational Foundation, Jim Snyder
From: Utlage [mailto:Utlage@...]
Sent: Wednesday, January 29, 2003 3:12 PM
Subject: [tips_and_tricks] need help with 12b6
I am helping someone who is in bankruptcy. He filed an adversary proceeding against the bank and now they have filed a 12b6 motion to dismiss. I can't seem to find my research work on this issue so i am starting over from scratch with very little time. Anyone out there have anything that could help like a template or ?
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