Rule 2004 of the Federal Rules of Bankruptcy Procedure allows a creditor or an “interested person” to conduct discovery immediately upon the filing of a bankruptcy case. It is used to compel production of documents and testimony of witnesses on a broad range of issues related to the debtor’s actions, conduct, property, debts, financial condition, or any issue that relates to the assets of the debtor. It is a useful tool for a litigator in bankruptcy court as it allows for significant discovery prior to a contested matter or adversary proceeding being initiated.
Blakeley Griffith is an associate at Snell & Wilmer in Las Vegas, Nevada.
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