limited discovery after MSJ?

[rogue22]

In one of the old sticky posts in this section, someone wrote that after the creditor files for a MSJ, defendant can sometimes file for a motion for limited discovery to buy some extra time.

Can anyone provide me with some more info on this? Any sample letters? I assume it just gets mailed certified to the court and plaintiffs attorney? Will I be notified by the court if my motion was succesfull in delaying the MSJ court date?

My main goal is just to delay the MSJ and lawsuit in general for 6 months so I can file ch.7. My secondary goal is to fight it and get it dismissed if possible so im not just completely wasting the courts time.

[catleg]

It is tough to fight them...they have home court advantage (they do this everyday).
Have you already been sued?
You have to file an answer to the MSJ stating there is a dispute of fact (i.e. the amount owed) that would be resolved through discovery.
The plaintiff is trying to state, here are the facts, here is the law, nothing is in dispute, give me judgment now.
You have to throw some sand in that gearbox (i.e. identity theft, miscalculation, dispute over merchant charges, etc)
They might still rule against you though.
I get the impression that a lot of this stuff is simply decided by the judge's law clerk and rubber stamped.
Particularly if you are not represented by a lawyer.