Fishing in the Waters of Bankruptcy Rule 2004
Chairman and CEO Andy Kassner and Corporate Restructuring associate Joe Argentina authored an article in The Legal Intelligencer titled “Fishing in the Waters of Bankruptcy Rule 2004,” which discusses a recent Southern District of New York Bankruptcy Court case that explored the contours of discovery powers in bankruptcy.
In-house counsel and non-bankruptcy practitioners are often surprised that bankruptcy trustees/debtors in possession can conduct broad discovery, sometimes even “fishing expeditions,” beyond the traditional limits of non-bankruptcy civil litigation. Andy and Joe outline the facts of the case and the judge’s opinion, which provides a useful roadmap for understanding how bankruptcy courts determine what is, and is not, permitted.
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