Sara Lamson Cumbus

UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF NORTH CAROLINA
RALEIGH DIVISION
IN RE:
SARA LAMSON CUMBUS
DEBTOR
CASE NO.
05-01435-5-ATS
ORDER ALLOWING MOTION FOR PROTECTIVE ORDER
The matter before the court is the motion for protective order
filed by The Matsco Companies. A hearing took place in Raleigh, North
Carolina on July 27, 2005.
Sara Lamson Cumbus filed a petition for relief under chapter 7 of
the Bankruptcy Code on April 12, 2005. The Matsco Companies assert a
blanket lien on the assets of the debtor’s business, Greenwood
Veterinary Hospital, P.C., which is also a chapter 7 debtor. The
Matsco Companies have obtained an extension of time in which to object
to Dr. Cumbus’ discharge, but no adversary proceeding has been filed.
Dr. Cumbus served a request for production of documents on The
Matsco Companies pursuant to Rule 7034 of the Federal Rules of
Bankruptcy Procedure. The Matsco Companies filed the instant motion
for protective order, contending that there is neither an adversary
proceeding nor a contested matter pending, and the request for
production is procedurally inappropriate.
Case 05-01435-5-ATS Doc 40 Filed 07/28/05 Entered 07/28/05 14:02:22 Page 1 of 2

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The court agrees with The Matsco Companies. Rule 7034 makes Rule
34 of the Federal Rules of Civil Procedure applicable in adversary
proceedings. Rule 9014 of the Federal Rules of Bankruptcy Procedure
makes Rule 7024 applicable in "contested matters." Because there is no
adversary proceeding nor a contested matter pending between Dr. Cumbus
and The Matsco Companies, the request for production is procedurally
deficient.
Based on the foregoing, the motion for protective order is
ALLOWED, and The Matsco Companies are not required to respond to Dr.
Cumbus’ request for production of documents.
SO ORDERED.
DATED: July 28, 2005
Case 05-01435-5-ATS Doc 40 Filed 07/28/05 Entered 07/28/05 14:02:22 Page 2 of 2