News & Analysis as of

Discovery Bankruptcy Court

Sands Anderson PC

Due Process and Attorney Discipline

Sands Anderson PC on

Attorneys facing court sanctions or bar discipline often express surprise at what is perceived to be an absence of due process when it comes to the process, including complaints regarding lack of notice and the inability to...more

Nelson Mullins Riley & Scarborough LLP

Creditor Not Entitled to Post-Sale Discovery to Attempt to Amend Sale Proceeds Distribution

In In re Squirrels Rsch. Labs, LLC, No. 21-61491, 2022 WL 1310173, at *1 (Bankr. N.D. Ohio Apr. 29, 2022), the United States Bankruptcy Court for the Northern District of Ohio recently addressed whether post-sale of the...more

Nelson Mullins Riley & Scarborough LLP

Cross-Border Bankruptcy Cases: Chapter 15 of the Bankruptcy Code and Parameters of a Discovery Tool

Procedure - Chapter 15 of the United States Bankruptcy Code was enacted in 2005 and represents the United States’ adoption of the “Model Law on Cross-Border Insolvency so as to provide effective mechanisms for dealing...more

Freeman Law

Bankruptcy Procedure and the Recent Case of Dondero v. Alvarez & Marsal CRF Management, LLC

Freeman Law on

Dondero v. Alvarez & Marsal CRF Management, LLC et al, Adv. Proc. 21-03051 (Bankr. N.D. – Tex., January 4, 2022) - Judge Stacey G.C. Jernigan - Introduction - Civil procedural issues are not the sexiest of topics,...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

Eleventh Circuit Splits From Second Circuit on Finality of Chapter 15 Discovery Orders

Jones Day on

Chapter 15 petitions seeking recognition in the United States of foreign bankruptcy proceedings have increased significantly during the more than 16 years since chapter 15 was enacted in 2005. Among the relief commonly sought...more

Tucker Arensberg, P.C.

Barton Doctrine Applies to Special Discovery Mediators in Bankruptcy Courts

Tucker Arensberg, P.C. on

In an unpublished opinion, Bander v. Isaacson, 2020 WL 1744539 (9th Cir. Apr. 8, 2020), the Court of Appeals for the Ninth Circuit addressed whether the Bankruptcy and District Courts had properly required potential litigants...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

Dechert LLP

Newsflash: Subordination Agreement prevents Rule 2004 examination

Dechert LLP on

Bankruptcy Rule 2004 allows the examination of any entity with respect to various topics, including conduct and financial condition of the debtor and any matter that may affect the administration of the estate. Does a...more

Jones Day

Subordination Agreement Barred Bankruptcy Discovery Concerning Senior Debt

Jones Day on

In In re Argon Credit, LLC, 2019 WL 169315 (Bankr. N.D. Ill. Jan. 10, 2019), the U.S. Bankruptcy Court for the Northern District of Illinois ruled that, in accordance with section 510(a) of the Bankruptcy Code, a standby...more

Patterson Belknap Webb & Tyler LLP

Arbitration Not Waived in Lawsuit Pending for Two Years

Defendants in a lawsuit didn’t waive their right to arbitrate even after moving to dismiss and answering a complaint, a court held last week. Arbitration wasn’t waived because the defendants hadn’t filed affirmative defenses...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

Fox Rothschild LLP

No 2004 Discovery Allowed When There Is A Pending Proceeding

Fox Rothschild LLP on

In a short opinion entered November 14, 2017 Judge Gross of the Delaware Bankruptcy Court denied a motion of an interested party to “Attend and Participate in the Rule 2004 Examinations to be Conducted by the Trustee”. ...more

Cole Schotz

A Degree Too Far: NY Bankruptcy Court Denies Debtors’ Request For Bankruptcy Rule 2004 Examination In Connection With Third-Party...

Cole Schotz on

History: In a June 14, 2017, bankruptcy blog titled “Six Degrees of Separation: Use of Bankruptcy Rule 2004 Examination in Connection with Third-Party Litigation“, we reported on what appeared to be a case of first...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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