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Discovery › Federal Rules of Bankruptcy Procedure

Nelson Mullins Riley & Scarborough LLP

Bankruptcy Litigation Practice Tip: The Pending Proceeding Rule

Nelson Mullins Riley & Scarborough LLP on

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

Patterson Belknap Webb & Tyler LLP on

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

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