Colby v. Milholland

Case Type:
Consumer
Case Status:
Affirmed
Citation:
BAP CO-16-019 (10th Circuit, Mar 07,2017) Not Published
Tag(s):
Ruling:
BAP for 10th Cir. affirmed ruling of bankruptcy court (D. Colo) finding that order limiting discovery was not abuse of discretion given parties' attempt to abuse discovery for attrition purposes. Debtor was waged in emotional battle with creditor daughter; discovery requests were unreasonable and violated Rule 1 mandate of achieving just, speedy, and inexpensive resolution.
Procedural context:
After debtor filed chapter 7, creditor daughter sought denial of discharge and exception of debt from dischargeability. Toward end of discovery period, daughter issued 15 subpoenas regarding vehicle, resulting in multiple cross motions regarding discovery. Following a hearing, the bankruptcy court quashed most of subpoenas, but allowed others, and allowed disputed written discovery on debtor. Following trial, and defense verdict for debtor, based on lack of evidence. Daughter plaintiff appealed discovery order quashing subpoenas.
Facts:
Mother and daughter were engaged in bitter emotional fight. Mother first filed small claims action against daughter, then followed that action with a replevin action to gain possession of an "$800 pet horse." After obtaining horse, state court ordered mother to return horse. Daughter and husband filed additional lawsuits against mother related to dispute over ownership of barbershop and defamation claims, and the second involving allegations that mother forged deed transferring real property from daughter to mother. Mother filed bankruptcy under chapter 7. Daughter asserted claim for emotional distress, and then sought denial of discharge and exception of debt from dischargeability. Toward end of discovery period, daughter issued 15 subpoenas regarding vehicle, resulting in multiple cross motions regarding discovery. Following a hearing, the bankruptcy court quashed most of subpoenas, but allowed others, and allowed disputed written discovery on debtor. Following trial, and defense verdict for debtor, based on lack of evidence. Daughter plaintiff appealed discovery order quashing subpoenas.
Judge(s):
Karlin, Jacobvitz, Mosier

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