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Courts and procedure

Discovery

The process by which the sides in a lawsuit learn about each other's case before trial, using tools such as depositions, interrogatories, requests for admissions and requests for documents. 1

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How it works

In bankruptcy, this kind of discovery belongs to adversary proceedings, the lawsuits inside a bankruptcy case that begin with a complaint. The federal civil rule on disclosure and discovery applies there. 1

Discovery is separate from the 341 meeting. That meeting is not a court hearing: a trustee runs it and the debtor answers questions under oath about the paperwork, property, debts, income and expenses. 2

A debtor who asks for a student loan discharge files an adversary proceeding and must prove undue hardship, so discovery can be part of that case. 3 1

What it covers

Common discovery tools
ToolWhat it is
Deposition 1An oral statement made under oath before an officer authorized to administer oaths 1
Interrogatories 1Written questions sent by one party to the other, answered in writing under oath 1
Requests for documents 1A way to collect and examine relevant documents or other materials 1

Common questions

Do I have to answer interrogatories?

The party receiving interrogatories is required to answer them in writing under oath. Deadlines and objections are governed by court rules, so get a lawyer's help if you receive discovery requests. 1

Is the 341 meeting a deposition?

No. The meeting of creditors is its own proceeding, run by a trustee, with no judge present. 2

Sources

  1. Glossary of Legal Terms (uscourts.gov)
  2. U.S. Trustee Program: Section 341 Meeting of Creditors
  3. DOJ: Student Loan Discharge Guidance: Fact Sheet (Nov. 17, 2022)

In a lawsuit inside your bankruptcy case?

A bankruptcy lawyer in your state can handle discovery with you.

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