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(a) MOVING DOCUMENTS. Except as otherwise provided, the party making a motion shall serve and file: 1) a notice of hearing and motion; 2) if facts are at issue, an affidavit or verification of the motion; 3) a separate, concise memorandum of facts and law; 4) a proposed order; and 5) proof of service on those parties not automatically served through the court’s Electronic Case Filing System, as provided in Local Rule 9006-1(a). The notice shall state the day of the week and date and, if appropriate, the time by which a response must be filed under these rules. The notice shall state that unless a response opposing the motion is timely filed, the court may grant the motion without a hearing. The notice of hearing and motion shall comply substantially with Local Form 9013-2.
(b) RESPONSIVE DOCUMENTS. Any entity opposing a motion and wishing to be heard shall file and serve a response, which shall include a concise memorandum of facts and law, if facts are at issue, an affidavit, and a proposed order. A response may include a request for an order denying the motion or a request for an order imposing costs, fees and expenses, but shall not include a request for any other relief.
(c) NOTICE OF WITNESSES.
(1) If a party filing or responding to a motion anticipates offering oral testimony, the moving or responsive documents shall state the name, address and substance of the testimony of the proposed witness.
(2) No evidence shall be presented at the initial hearing. The court will determine at the initial hearing whether an evidentiary hearing is required.
(d) AFFIDAVITS; VERIFICATIONS. Affidavits shall be made on personal knowledge, set forth only facts that would be admissible in evidence, and show affirmatively that the affiant or verifier is competent to testify to the matters stated. An attorney shall not verify documents to be filed except with respect to facts of which the attorney has personal knowledge.
(e) EXHIBITS. Filing Users must submit all exhibits or attachments in electronic form. If the exhibits normally attached to a motion or response exceed 50 pages in total, the moving party may provide a summary of the exhibits in the motion or response, or as an exhibit thereto, for purposes of service only. The moving party shall state in the motion or response that the full exhibits and the summary were attached to the original motion or response filed with the clerk and that the moving party will upon request furnish a copy of the full exhibits to any entity.
(f) RELIEF WITHOUT HEARING. If no response opposing a motion is timely filed, the court may, in its discretion, enter an order granting the motion without a hearing.
(g) SEALED DOCUMENTS. A motion to file documents under seal shall be filed electronically through the Electronic Case Filing System. The document(s) the movant seeks to file under seal shall be submitted to the court on diskette or CD-ROM or filed to the “Inbox” filing option of the Electronic Case Filing System and shall remain sealed until further order of the court.
(h) WAIVER OF DISCHARGE. Motions seeking an order approving the waiver of discharge pursuant to Section 727(a)(10) shall comply only with paragraph (a) (1), (4), and (5) of Local Rule 9013-2. The motion shall be served on 1) the debtor; 2) the attorney for the debtor; 3) the trustee; 4) the United States Trustee; and 5) each entity that has filed a request for notice or notice of appearance under Federal Rule of Bankruptcy Procedure 2002(i) or 9010(b).
Fed. R. Bankr. P. Reference 9004, 9006, 9014.
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“These are very kind and helpful people who take the stigma out of bankruptcy and treated me like I wanted to be treated. They understand good people sometimes have hard times. Wes Scott and his team are so nice! Stephanie Buerger has been a savior and responds to my email or phone call questions the same day. It feels like small town service with big city talent and reputation!”
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“They live up to their motto of being the friendliest lawyers around. The welcome receptionist comes around to greet you and leads you to a private room furnished with snacks and drinks. There is a massage chair in the room and your name is on a sign welcoming you personally to the private space.”
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“There are no better bankruptcy attorneys in MN - from the initial conversation to working with Veronica on payments, there are no finer people to help you get your life on track. Bankruptcy can be a terrifying thing, but Kain and Scott absolutely have your back.”
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“I am not one to ever right a review, but with how wonderful Kain & Scott are I just have to let other people know. I would most definitely recommend them to my family, friends, or a colleague who is looking at filing bankruptcy.”
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“Kain and Scott is the BEST!! Margaret H. helped me out a great deal when I was going through my hardship! I really love the fact that all the staff including Lindsay B. was kind enough to answer some personal questions that I had along the way. I wouldn't choose another company to work with! Thank you everyone who made my journey as a BREEZE! Now I would like to include Stephanie V. Buerger for congratulating me on my journey stepping forward to a debt free life! Stephanie Googins has done a great job providing me with additional information after the bankruptcy proc”ess!
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“I highly recommend this firm as well as recommending bankruptcy! Times have changed and it's not a big deal like it may have once been or how old people talk about it. It's truly a new beginning. This has made my life so much simpler. Exactly what I needed heading into a divorce. I can't thank these guys enough!! ”
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“The process was so easy, this firm does all of the work for you and really works for you. They are great in responding to any questions you may have. I would recommend this firm to anyone who is struggling with debt. They are also very cost effective, and will work with you for payment arrangements. We couldn't be more satisfied! Debt free finally!”
- Katie B.
“All I can say is wow! From the moment I walked in the door I felt welcome and better right away! Everyone one treated me like me like my story actually mattered! I worked with Misty Myers and she was such an amazing person to work with! She made things so easy and just took charge right away with trying to help! I highly recommend Kain and Scott! I couldn't be happier with how I was treated!”
- Dustin S
“Even from the first conversation I had on the phone regarding their services, I knew I was going to choose them. I made an appointment for the following week and was welcomed with no judgement. The whole process was fast and efficient. I worked personally with Misty, Samantha, and Callie but everyone there was extremely helpful when I had questions. There was little to no paperwork and they did most of the work for me. My only regret was not filing sooner!”
- Megan W.
“The staff at Kain & Scott were amazing! They make you feel very comfortable from the first time you step in the door. Everything is well organized and they respond quickly to any questions you have. Shout out to Wes, Calli, Megan, Sarah, and Lindsey you all were great in helping me get my life back. Keep up the good work!!”
- Toby A.
“I have to say I have had the greatest experience filing bankruptcy with Kain&Scott. Kelsey B Quarburg and Jesse A Horoshak were two of the most professional attorneys I have ever worked with. Jesse showed up at my 341 meeting totally prepared. Other attorneys along with their clients weren't. Jesse and I weren’t called up first, so I had the privilege of seeing how this meeting would work. The first two clients and attorneys weren’t prepared at all, they were told by the federal trustees,that they were missing paperwork and information. It took these two clients and attorneys 20 minutes each to get through the process. Jesse had 1 client he was representing before me. The process was flawless, 5 minutes and the process was complete. My meeting took 5 minutes. It proved to me choosing the best law firm matters. Kelsey B Quarburg is the best. She was very professional yet she was also human. She would respond to my emails at odd times of the day and night. She kept me informed every step of the way. Thank you both. Thank you Callie for making sure my paperwork was forwarded and up to date. What a team. Thank you all so much for a job well done ,and I mean this from the bottom of my heart. Once again thank you all,for giving my life back. GOD BLESS YOU ALL ”
- Maurice W.
“Stellar customer service and you have the “how can I help you” staff! You made my future easier to handle and I have so much more confidence especially with your staff behind me. I appreciate all your help and time you spend helping me address my credit. ”
- Nancy N.
“I am very fortunate to have found Kain & Scott. They made my experience fast, friendly and trustworthy. Thank you to Megan R. for being flexible with payment arrangements and really understanding what other people may be going through and how to do what is best for them. 😊 Thank you to Stephanie Buerger as well,for being very welcoming and easy to work with during my initial info gathering. Thank you gals for making my experience a low stress to the point “filer friendly” experience. ”
- Scott K.