Bankruptcy Depositions

Price: $140.00 350 pages. 1 Looseleaf Volume. Updated annually or when needed.
ISBN-13: 978-1-57823-104-1 / ISBN-10: 1-57823-104-3

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Table of Contents

About the Book:
Bankruptcy Depositions is an insightful and valuable resource containing useful tools for any practitioner wanting to enhance his or her bankruptcy practice. Utilizing transcripts from actual depositions with editorial commentary and case citations, the author-- having served as a court-appointed functionary as well as an attorney for debtors, creditors' committees, secured creditors, landlords and trustees-- provides specific suggestions for lines of inquiry and numerous substantive practice tips while noting the procedural impediments that have often trapped the inexperienced or unwary.

Commencing with an overview of the Bankruptcy Code, Federal Rules of Bankruptcy Procedure and the interplay with certain Federal Rules of Civil Procedure, Bankruptcy Depositions establishes the rudimentary as well as essential foundation behind: (1) the rationale, as well as goals and objectives for conducting direct and cross-examinations during section 341 meetings; (2) the broad scope for eliciting initial discovery (and procedural limitations) by conducting a court-authorized 2004 examination; and (3) the means in which to develop essential areas for inquiry in preparation for depositions of witnesses under Bankruptcy Rule 7030 and utilization of deposition testimony.

In addition to a discussion of recommended and effective deposition strategy and tactics, Bankruptcy Depositions is not merely a treatise on the applicable provisions of the Bankruptcy Code and Rules but also a practical guide that recognizes the necessity for eliciting oral examinations and its propensity for revealing concealment, evasiveness and issues impacting the credibility of adverse witnesses.

Perhaps the optimum use of any text is how useful it will be for the practitioner, and how timely is its content. First, disclosure is the essence of every bankruptcy-- whether it be a description of the debtor's assets, (which must be precisely characterized and valued on a debtor's schedules in all bankruptcy cases), or its operational history, (which must be adequately presented in any disclosure statement in furtherance of a confirmed Chapter 11 plan). Oral examinations are essential at confirming or determining not only valuation but also whether or not all assets that should be included are specified in the relevant bankruptcy documents. Adversary proceedings to recover fraudulent and other avoidable transfers are essential rights and remedies applicable to all bankruptcy proceedings and are neither likely nor contemplated to be impacted by any pending or future legislation. Not surprisingly, a court of equity must give deference to the need for considerable initial scrutiny by creditors and other parties through discovery, including oral testimony to facilitate the requisite investigation into a debtor's financial acts and conduct. Similarly, with actions relating to an individual debtor's discharge. Each are discussed in detail together with strategic considerations and specific questions designed to enhance the quest to effectuate truthful testimony or inculpate a witness through inconsistent testimony for purposes of impeachment.

Whether used for prosecution or defense of an adversary proceeding in bankruptcy any practitioner will benefit from the commentary, tactics and suggested strategic considerations offered in Bankruptcy Depositions.