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

Sep 23, 2020

1 minute read

Nyana Miller was second chair for a trial that resulted in a judgment for over $22 million in favor of Sequor’s client

The trial team proved that the defendant had wrongly taken money from Sequor’s client, under the guise of an offset against the debt of an.

Sep 22, 2020

10 minutes read

Chambers 2020 Litigation Support Guide

Although the unprecedented Covid-19 pandemic continues to cause major disruptions and volatility in global markets, economies, and.

Sep 8, 2020

2 minutes read

Business Law Section to Diversify its Education Program Panels

Underscoring its commitment to diversity, the Business Law Section will soon mandate that its CLE program professional panels include.

Aug 26, 2020

2 minutes read

NY Judge Confirms Investment Co’s $24.5M Arbitration Award

A federal judge in the Southern District of New York confirmed a $24.5 million arbitration award in favor of Hong Kong based Super Perfect...

bottom of page