Free Response to Motion - District Court of Delaware - Delaware

Case 1:07-cv-00240-GMS

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Filed 10/23/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE In re Chapter 7 ANDREA KLIKA Debtor. ANDREA KLIKA Appellant, v. U.S. TRUSTEE KELLY BEAUDIN STAPLETON, et al. Appellees. Civil Action No. 07-240 GMS CASE NO. 05-10707 (MFW)

APPELLEE CHAPTER 7 TRUSTEE GEORGE L. MILLER'S OBJECTION TO APPELLANT'S MOTION TO SUPPRESS THE USE OF AS (SIC) EVIDENCE George L. Miller, the Chapter 7 Trustee (the "Trustee"), by and through his undersigned counsel, hereby objects to the Motion to Suppress the Use of Evidence (the "Motion") filed by Appellant Andrea Klika (the "Appellant"), and in support thereof, avers as follows: 1. On March 11, 2005, the Appellant filed for voluntary relief under Chapter 11 of

the Bankruptcy Code. 2. On December 12, 2005, the Debtor's Chapter 11 case was converted to Chapter 7

and the United States Trustee appointed George L. Miller as Trustee of the Debtor's estate. 3. On March 16, 2007, the Bankruptcy Court entered an Order denying the Debtor's

discharge. That Order is the subject of this appeal. 4. On October 12, 2007, the Motion was entered on the docket. In the Motion, the

Debtor purports to seek the suppression of certain categories of evidence or "theories."

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5.

The Motion, however, is unclear as to which specific evidence that the Debtor

seeks to suppress. 6. The Motion also fails to identify any legal basis for the suppression of any

evidence in the Debtor's appeal. 7. Because there is no legitimate basis to suppress evidence in this matter, and

because the Debtor failed to specify which evidence she seeks to suppress, the Motion should be denied. WHEREFORE, the Trustee respectfully requests that this Court deny the Appellant's Motion to Suppress. Dated: October 22, 2007 /s/ Peter C. Hughes Peter C. Hughes Jennifer L. Maleski Dilworth Paxson LLP One Customs House ­ Suite 500 704 King Street P.O. Box 1031 Wilmington, DE 19801 (302) 571-9800 and Peter C. Hughes Jennifer L. Maleski Dilworth Paxson LLP 1735 Market Street 3200 Mellon Bank Center Philadelphia, PA 19103 (215) 575-7000 (215) 575-7200 (fax) Attorneys for George L. Miller, Chapter 7 Trustee

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE In re Chapter 7 ANDREA KLIKA Debtor. ANDREA KLIKA Appellant, v. U.S. TRUSTEE KELLY BEAUDIN STAPLETON, et al. Appellees. Civil Action No. 07-240 GMS CASE NO. 05-10707 (MFW)

ORDER AND NOW, this ___________ day of ____________, 2007, upon consideration of the Appellant's Motion to Suppress the Use of as (SIC) Evidence, and any objections thereto, it is hereby: ORDERED that the motion is DENIED.

BY THE COURT:

CHIEF JUDGE GREGORY M. SLEET

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