Thursday, December 17, 2015, 12 noon – 1 p.m.
The Ins and Outs of Discovery in Bankruptcy
Speakers:
Jonathan S. Dabbieri (Sullivan Hill Lewin Rez & Engle)
Uzzi O. Raanan (Danning, Gill, Diamond & Kollitz LLP)
Discovery in the context of a bankruptcy case includes many of the same tools and procedures used in non-bankruptcy federal and state court litigation. However, while incorporating many provisions from the Federal Rules of Civil Procedure, discovery in bankruptcy cases diverges from non-bankruptcy proceedings in a number of unique respects.
Even before litigation commences in a bankruptcy case, creditors and other parties in interest have the opportunity to obtain information about the debtor, its assets and liabilities, through a meeting of creditors (convened under 11 U.S.C. section 341(a)) or rule 2004 examinations, convened under Federal Rule of Bankruptcy Procedure 2004. This webinar will address the advantages and disadvantages of utilizing these examinations, as well as the procedures governing Section 341(a) and rule 2004.
This webinar will further address the differences between a contested matter and an adversary proceeding, when each procedure applies, and what discovery rules govern each of these procedures. It will focus on what a practitioner should know about serving and responding to various discovery demands (written requests and oral examinations), handling disputes, and how to obtain rulings from the bankruptcy court when the parties are unable to resolve their disputes over discovery matters.
This program offers 1 hour participatory MCLE credit and 1 hour legal specialization credit in Bankruptcy Law.