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

Nov 7, 2017

3 minutes read

Recuperar activos ocultos en el extranjero: Nuevo nicho para abogados

El peruano Vladimiro Montecinos, el chileno Alberto Chang y el matrimo‐ nio filipino de Imelda y Ferdinando Marcos tienen algo en común:.

Oct 28, 2017

3 minutes read

Trove of Missing Art Heads to Auction

Former Banco Santos president Edemar Cid Ferreira once covered the walls of his São Paulo home with Man Ray photographs, Louise Bourgeois.

Oct 11, 2017

3 minutes read

US Government Repatriates 95 Artworks Linked to Disgraced Brazilian Financier

The United States has seized and returned 95 artworks valued in the tens of millions of dollars that once belonged to the disgraced.

Aug 11, 2017

1 minute read

Sequor Law Listed Among World’s Top 100 Cross-Border Restructuring and Insolvency Law Firms

Sequor Law is proud to be listed among the world’s 100 top cross-border restructuring and insolvency law firms in the Global Restructuring.

bottom of page