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Discovery Strategies for a Creditor in a Bankruptcy Case

BY Deirdre M. Richards
November 01, 2017

This article explains the rights of a creditor, whether an equipment financier or otherwise, to pursue examinations of a debtor in bankruptcy in order to obtain sworn testimony and information that may be helpful to the creditor.

What Is a Meeting of Creditors?

Pursuant to Section 341(a) of the Bankruptcy Code, “Within a reasonable period of time after the order for relief in a case under this title, the United States trustee shall convene and preside at a meeting of creditors.” (Referenced hereinafter as “341(a) Meeting”). Bankruptcy Code § 343 states that “The debtor shall appear and submit to examination under oath at the meeting of creditors under section 341(a) of this title. Creditors, any indenture trustee, any trustee or examiner in the case, or the United States trustee may examine the debtor. The United States trustee may administer the oath required under this section.”

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