top of page
Logotipo de la Ley de Bebidas Alcohólicas

Just Say No: Discovery in Chapter 15 Bankruptcies is Asymmetrical

white-background.png

21 de abril de 2021

1 minute read

sequor-logo-newsletter.png

Sequor Law

By: Dan Coyle


Foreign Representatives in Chapter 15 petitions are specifically permitted to conduct discovery to locate the debtor’s assets within the United States to increase estate and creditor recoveries in the overseas proceedings and to probe the debtor’s affairs, rights, obligations or liabilities. In the U.S. ancillary proceeding, the Foreign Representative will encounter resistance and other entities may seek to propound subpoenas under Fed. R. Bankr. 2004. Sometimes, these entities are creditors who seek information relevant to their claim or assets available to pay the same. Other times, these entities are subpoena targets who seek to gain a peek into the Foreign Representative’s search, seek to distract and/or delay the Foreign Representative from the asset search, or who seek to “punish” the Foreign Representative. The Foreign Representative may be able to avoid responding to such requests by moving for protective order or to quash the subpoena based upon 11 U.S.C. 1521(a)(4) and/or Rule 2004(a). The arguments are based upon: 1) the language of 1521(a)(4) and two canons of statutory construction, or, alternatively; 2) interpretive case law under Rule 2004 as to the requirements to show a “pecuniary interest” in a case.


Read the original article here.

Últimas Noticias & Perspectivas

30 sept 2025

3 minutes read

Sequor Law Promotes Juan J. Mendoza, Christopher A. Noel, and Joseph B. Rome to Partner

Sequor Law is proud to announce the promotion of attorneys Juan J. Mendoza, Christopher A. Noel, and Joseph B. Rome to partners of the firm.

13 ago 2025

1 minute read

9th Circuit Greenlights Expansive Use of Discovery Statute, Law360, Aug. 13, 2025

9th Circuit Greenlights Expansive Use of Discovery Statute, Law360, Aug. 13, 2025

22 jul 2025

2 minutes read

Attorney Spotlight – Get to Know Alejandro Rodriguez Vanzetti

1. What inspired you to pursue a law career? In college, I found myself drawn to international politics and law, especially as they relate.

2 jun 2025

3 minutes read

Attorney Spotlight – Get to Know Giovanni Angles

1. What inspired you to pursue a law career? When I was a kid, my dad used a memorable analogy to explain the law—he compared it to the.

bottom of page