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' procedural protections provided by Part IX of the Bankruptcy Rules, <br />including specifically the right to take discovery pursuant to <br />Bankruptcy Rules 9014, 7026, and 7028-7037. If Debtor seeks a <br />declaratory judgment, it should do so through an adversary <br />proceeding, where again Proler would be entitled to take discovery <br />and to other procedural safeguards of Part VII of the Bankruptcy <br />Rules. Alternatively, Proler respectfully submits that the Court <br />should order that the provisions of Part VII or Part IX of the <br />Bankruptcy Rules will apply in this Proceeding. <br />4. It is critical that Proler be permitted to take <br />reasonable discovery prior to any ruling on Debtor's Motion. <br />Though Debtor concedes that Proler has satisfied most of the <br />statutory requirements for a valid reclamation claim, Debtor <br />apparently contends with respect to all but $34,099.53 of the <br />$283,358.65 amount of Proler's Claim, that the goods sold by Proler <br />were either not "received" by the Debtor within the ten days <br />preceding Proler's August 9, 1990, notice or that those goods were <br />no longer in the possession of the Debtor at the time Proler's <br />reclamation notice was given. Proler does not believe that these <br />assertions are accurate. Questions of both fact and law may be in <br />dispute with respect to these assertions. Reasonable discovery by <br />Proler is necessary to determine the accuracy of the Debtor's <br />factual assertions with respect to Proler's Claim and to protect <br />Proler's rights in this case, and no hearing should be held on the <br />merits of Debtor's Motion until Proler has had an opportunity to <br />take discovery. <br />-3- <br />