THE COURT: Well, here’s what I’m inclined to do with
5 respect to that issue and that is, if the parties agree that I
6 should accept factual evidence aside from the documents that I
7 think the parties agree are relevant, I’ll take them. But, if
8 there is no agreement, then I won’t take anything to which they
9 do not agree.
10 I mean, I guess we could, as an alternative, go
11 through the post hearing exercise of informing the Court on
12 what Georgia law provides with respect to parol evidence, but I
13 don’t know whether the parties or, frankly, the Court have any
14 appetite for that.
THE COURT: Yes. My impression is, both parties
8 think that’s necessary for my decision and, frankly, I do, too.
THE COURT: I’m sorry. Mr. Silverman, repeat that
10 last -- please, that last part.
THE COURT: I’m going to hold the record open and
20 carry this over to June 11th. There’s an Abitibi hearing date,
21 limited matters to be scheduled for that date, for an
22 opportunity for either party to present whatever factual
23 evidence it wishes to present. If, in the interim, the parties
24 agree on what the Court should consider factually, you need not
25 appear. You simply just may inform me of that and make sure
1 I’m provided with the appropriate declarations or documents if
2 that’s all it involves.
3 If there’s to be live testimony, then inform me ahead
4 of time so I know what’s coming.
THE COURT: And, as I advise parties on a regular
11 basis, it’s really much easier to ignore things than you might
12 suppose.
THE COURT: If you can do it in 60 seconds, you may.
THE COURT: I would like to see counsel in chambers.
5 Court is adjourned.
'Courts of bankruptcy are essentially courts of equity, and their proceedings inherently are proceedings in equity.'
AI
