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.

Read “Fishing in the Waters of Bankruptcy Rule 2004.”

Source: The Legal Intelligencer
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