Sample Pretrial Order {LF 8}

LOCAL FORM 8 SAMPLE PRETRIAL ORDER (Leave a 3 inch margin for signature by judge) IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF OKLAHOMA ) ) JOHN DOE and JANE DOE, ) ) Debtor(s). ) ___________________________________ ) ANY NATIONAL BANK & TRUST, Plaintiff(s), v. JOHN DOE and JANE DOE, Defendant(s). ) ) ) ) ) ) ) ) ) IN RE: Case No. __-______-___ Chapter ___ Adv. No. __-______ FINAL PRETRIAL ORDER Trial Date: _______ __, 20__ Date of Conference: _______ __, 20__ Appearances: Sam P. Attorney, Norman, OK, for Plaintiff LOCAL FORM 8 American LegalNet, Inc. www.FormsWorkFlow.com Dave C. Lawyer, Oklahoma City, OK, for Defendant I. A. B. STIPULATIONS All parties are properly before the Court; The Bankruptcy Court has jurisdiction of the parties and of the subject matter pursuant to 28 U.S.C. § 1334, 28 U.S.C. § 157, and the order of the district court authorizing referral of proceedings to the bankruptcy judges; This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(1) and, to the extent the proceeding may be non-core, the parties consent to entry of judgment by the bankruptcy judge. Venue is proper under 28 U.S.C. §§ 1408 - 1412; This action is brought under 11 U.S.C. § 523(a)(2)(B) to determine the dischargeability of a debt; Facts: 1. 2. Plaintiff is an Oklahoma state chartered banking institution. Defendants are debtors who flied a voluntary joint petition under Chapter 7 of the Bankruptcy Code in the Western District of Oklahoma on January 29, 1993. Defendants are co-makers of a $50,000 promissory note in favor of Plaintiff, dated October 14, 1991. Plaintiff refinanced the obligation on January 20, 1993, and at the time of filing for bankruptcy, the balance remaining due and owing was $55,245. C. D. E. F. 3. 4. G. Legal Issue(s): 1. Did Defendants submit a materially false financial statement in connection with their application to refinance the debt owing to Plaintiff? Did Defendants intend to deceive Plaintiff through the representations made in the financial statement? 2. II. CONTENTIONS LOCAL FORM 8 American LegalNet, Inc. www.FormsWorkFlow.com A. Plaintiff: 1. Facts: (a) During the period between the initial loan and refinancing of the note, Defendants' liabilities increased significantly while their assets decreased in number and value. Defendants submitted a financial statement to obtain refinancing in which they listed more assets than they possessed and fewer liabilities than they owed. (b) 2. Factual Issues: (a) Did Defendants intentionally misrepresent their financial situation to induce Plaintiff to refinance their note? B. Defendants: 1. Facts: (a) Defendants did not overstate the number or value of assets and did not omit any liabilities owed in their financial statement with the intent to deceive Plaintiff. Defendants were advised by bank officers that the bank required the financial statement primarily for audit purposes and not for the purpose of determining whether to refinance Defendants' note. (b) 2. Factual Issues: (a) To what extent did Plaintiff rely upon the financial statement in deciding whether to refinance Defendants' note? III. EXHIBITS Exhibits not listed will not be admitted by the Court unless good cause is shown and justice demands their admission. A. Plaintiff: Evidence Rule Relied Upon Number 1 Title Objection LOCAL FORM 8 American LegalNet, Inc. www.FormsWorkFlow.com 1991 Financial Statement 2 Relevance FRE 402 Note dated October 14, 1991 Renewal note dated January 20, 1993 1992 Financial Statement Defendant: Relevance FRE 402 3 None 4 None B. Number None IV. WITNESSES Title Objection Evidence Rule Relied Upon No unlisted witness will be permitted to testify as a witness in chief except by leave of court when justified by exceptional circumstances. A. Name John Jones Plaintiff: Address 921 Anywhere Norman, Oklahoma 555 Easy Street Moore, Oklahoma 333 Hard Street Bethany, Oklahoma Proposed Testimony Plaintiff's lending procedures Facts surrounding Jefferson Bank loan Facts surrounding refinancing Same Flake Mike Otero B. Name All witnesses listed by plaintiff Debtors Defendant: Address Proposed Testimony c/o counsel Facts surrounding loans LOCAL FORM 8 American LegalNet, Inc. www.FormsWorkFlow.com Jan Tury 444 Long Street Lawton, Oklahoma Lending practices of plaintiff in 1991 - 1992 V. CHRONOLOGICAL LISTING OF PERTINENT EVENTS Attached, as a separate appendix, is a chart or list setting forth all pertinent events (without explanation) in the chronological order in which the events occurred. VI. POSSIBILITY OF SETTLEMENT Good ____ VII. Fair ____ Poor ____ ESTIMATED TRIAL TIME ________________________________________________________________________ All parties approve this Order and understand and agree that this Order supersedes all pleadings and shall not be amended except by order of the Court. _____________________________ Name - Bar number Address Phone Number Fax Number Email address Counsel for Plaintiff _____________________________ Name - Bar number Address Phone Number Fax Number Email address Counsel for Defendant Appendix to Final Pretrial Order SAMPLE CHRONOLOGY Oct. 1, 1991 Defendants applied for a loan from Plaintiff and submitted a 1991 Financial Statement. Oct. 14, 1991 Defendants executed a note in favor of Plaintiff in the amount of $50,000, and Plaintiff advanced that amount to Defendants. Jan. 14, 1993 Defendants sought to refinance the obligation they owed Plaintiff. Defendants submitted their 1992 Financial Statement prior to the refinancing. American LegalNet, Inc. www.FormsWorkFlow.com Jan. 20, 1993 Defendants executed a renewal note in favor of Plaintiff in the amount of $55,245, for which Plaintiff "rolled over" the balance due on the old note and advanced to Defendants an additional $2,000.00. Jan. 29, 1993 Defendants flied for relief under Chapter 7 of the Bankruptcy Code. The Schedules reflect assets and liabilities different from those set forth in either of Defendants' Financial Statements. Mar. 1,19XX Plaintiff flied this adversary proceeding to except its debt from discharge. American LegalNet, Inc. www.FormsWorkFlow.com