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Federal Rules of Civil Procedure Discovery Bankruptcy Court

Nelson Mullins Riley & Scarborough LLP

How to Navigate an Adversary Proceeding in Bankruptcy

When a bankruptcy case is filed, most disputes are addressed through motions and hearings within the main case. However, certain matters demand more formal litigation—complete with a complaint, discovery, and trial. These...more

Nelson Mullins Riley & Scarborough LLP

Bankruptcy Litigation Practice Tip: The Pending Proceeding Rule

Most bankruptcy practitioners are familiar with the intentionally broad scope of discovery under Bankruptcy Rule 2004. However, there are limits to this discovery and the “pending proceeding” rule can be a useful tool to...more

Jones Day

Bankruptcy Court Denies Creditor's Improper Discovery Request

Jones Day on

The scope of discovery available in a bankruptcy case concerning a debtor's conduct, property, financial condition, and related matters is so broad that it has sometimes been likened to a permissible "fishing expedition."...more

Patterson Belknap Webb & Tyler LLP

SDNY Rejects Examination Request by a Claim Purchaser to Obtain Evidence for a Separate Litigation

New York Bankruptcy Judge Sean Lean recently denied a Rule 2004 request because the movant sought documents for use in an unrelated litigation. In re Cambridge Analytica LLC, No. 18-11500, 2019 Bankr. LEXIS 1824 (Bankr....more

Fox Rothschild LLP

Reminder: Bankruptcy Court Discovery Disputes Are Subject To FRCP

Fox Rothschild LLP on

On May 29, the United State Bankruptcy Court for the Northern District of Illinois ruled on several discovery motions between disputed owners of an unsecured claim in a bankruptcy action. ...more

Cole Schotz

Key Considerations for Bankruptcy Practitioners Regarding Amended Federal Rules of Civil Procedure

Cole Schotz on

Recent changes to the Federal Rules of Civil Procedure will significantly alter the discovery proceedings in bankruptcy proceedings, particularly in adversary proceedings. See Fed. R. Bankr. P. Part VII (applying FRCP to...more

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