Ron Chapman

The moving party, a creditor, brought a motion to admit fresh evidence on its appeal from the trustee's disallowance of its proof of claim in a bankruptcy proceeding.

The trustee opposed the motion, arguing that the parties had previously agreed to limit the appeal record and that admitting the evidence would undermine the efficiency of the bankruptcy process.

The court found that no binding agreement precluded the evidence and that refusing to admit the newly discovered documents would result in an injustice to the creditor.

The court exercised its discretion to admit the fresh evidence, allowing the trustee to file responding documentation.

The parties reached a settlement following a trial management conference and submitted a consent to a dismissal order.

The court initially rejected the consent due to issues with legal representation for the corporate defendants.

After receiving confirmation that the self-represented individual defendant had filed a Notice of Intention to Act in Person and that counsel of record had executed the consent for the corporate defendants, the court granted the consent order dismissing the action and directing the payout of $1,000,000 held as security.

At a trial management conference, the self-represented defendant requested an adjournment of the peremptory trial date, citing medical issues and lack of counsel.

The court declined to entertain the request without a formal motion on notice.

The court also ordered counsel of record for the corporate defendants, who failed to attend the conference without explanation, to appear at the commencement of trial to show cause why costs should not be awarded against him personally.