Initial Disclosures in Adversary Proceeding

Bankruptcy and Debt 3 views 3 answers
I filed an adversary proceeding against a debtor. We had our initial status conference with the judge. Now, I assume I need to do initial disclosures, or do I have to do a 26(f) conference with the debtor? How does this procedure work?

Attorney Answers

3
Theodore Araujo ·
You have to get your discovery. You have to file the tial briefs. You had the status conference. So, you should know the dates by which things are supposed to be accomplished.
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Mitchell Goldstein ·
Usually, the 26(f) conference comes before the pretrial conference. In bankruptcy court, it typically happens at the pretrial conference. Your disclosures are listed under Rule 7026 (same as Rule 26(a) of the Federal Rules of Civil Procedure). You may need help in discovery.
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Nicholas Belisle LazzariniBankruptcy AttorneySacramento, CA ·
The requirement of initial disclosures may be waived if the amount in controversy is under $15,000. Check your status conference order to see what is required. After the status conference with the judge, you may conduct normal discovery under Rule 26, including requests for production, requests for admission and interrogatories. You may also notice a deposition of party witness or subpoena non-party witnesses under Rules 26 and 45.
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