top of page
Sequor Law Logo

Just Say No: Discovery in Chapter 15 Bankruptcies is Asymmetrical

white-background.png

April 21, 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.

Latest News & Insights

Mar 11, 2021

1 minute read

March 2021 – Quarterly Newsletter

Click below to view Sequor Law’s latest news and updates, and make sure to join our email list to receive future newsletters.

Feb 8, 2021

2 minutes read

Sequor Law Promotes Two Attorneys to Counsel

Sequor Law is delighted to announce that Nyana Abreu Miller and Daniel Matthias Coyle have been promoted to Counsel at Sequor Law.

Jan 5, 2021

7 minutes read

Asset recovery column: Euromepa and Gorsoan, oh my

Sequor Law shareholder Leyza B. Florin and attorney Christopher Noel discuss the evolving standard to obtain Section 1782 assistance in the.

Dec 17, 2020

3 minutes read

Community roundup: IWIRC gets its first Hispanic chair amid new year hires and promotions

Leyza B. Florin, a shareholder at Miami-based cross-border insolvency and asset recovery boutique Sequor Law, will become the first.

bottom of page