Amanda K Cipriano

Amanda K Cipriano

February 10, 2021 | New York Law Journal

Strategic Considerations in Bankruptcy Discovery: Rule 2004's Limitations in Light of the Pending Proceeding Rule

The power to commence a Rule 2004 examination, commonly compared to a "fishing expedition," is not unchecked. The principal limitation is the so-called pending proceeding rule, which prevents a party from using Rule 2004 to obtain discovery that would not be available under the Federal Rules of Civil Procedure.

By Michael A. Kaplan, Rasmeet K. Chahil and Amanda K. Cipriano

7 minute read