Whether it’s a client in financial difficulty or a client pursuing the collection of assets or debts owed, insolvency issues play a prominent role for federal practitioners with commercial and general litigation practices. However, the relatively small size and collegial nature of the bankruptcy bar in many jurisdictions — coupled with the need to move quickly when handling disputes in bankruptcy to preserve value — sometimes lead to relatively informal discovery practices in bankruptcy court.
While informal exchanges of information often are sufficient to resolve disputes, practitioners should be mindful of the formal discovery processes set forth in Rule 26 of the Federal Rules of Civil Procedure (the “Rules”), as made applicable by Rule 7026 of the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”).
This recent article published by the American Bankruptcy Institute explores the mechanisms available under Rules 26(a)(2) and 26(b)(3)-(5) with respect to privilege and expert discovery in bankruptcy litigation.
Originally published in the ABI Journal, July 2019
Creditors’ Rights Bankruptcy Committee (Consumer)
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