July 14, 2012

Case Update

A new document related to the McKinney bankruptcy case was filed on 7/9/2012. The document, a Scheduling Order, was filed under the separate case of 12-6024, which is the adversary case brought by the trustee against the McKinneys in May of this year. In this case the trustee (the plaintiff) has accused the McKinneys (the defendants) of not disclosing certain accounts, assets, income, of manipulating income earning potential and other accusations as detailed in the Complaint.

The most recent document, filed on July 9th, sets out the schedule for the discovery, which is the period of time given for both parties to essentially get evidence together for their cases and to prepare for trial. The discovery period will conclude on September 7th, 2012. All non-dispositive motions from both parties are due by September 7th, 2012. All dispositive motions are due by October 9, 2012. After this date the case will be considered ready for trial.

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Dispositive motions: motions that seek to dispose of all or part of the claims or parties, except motions for default judgment. They include motions to dismiss a party or claim, motions for summary judgment.

Non-dispositive motions: all other motions, including but not limited to discovery, third party practice, temporary relief, intervention or amendment of pleadings.

Source: Minnesota Administrative Rules

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