“Fishing expedition”

July 10, 2012

  • 51 Bankruptcy
  • 51IX Administration
  • 51IX(A) In General
  • 51k3040 Examination and Discovery
  • 51k3047 Scope and Extent of Inquiry
  • 51k3047(1) k. In General.

51 BankruptcyRule 2004 examination can properly be “fishing” expedition, and in setting out on such an expedition, one does not usually limit the fish one sets out to catch, but may permissibly troll for whatever might bite; any problems in method, scope, or conduct of examination should be dealt with through subpoena process, rather than litigating over whether trustee has the right to ask her questions in first place.
In re Sheetz, 452 B.R. 746 (Bankr. N.D. Ind. 2011)
Suggested by Laura Wheaton, Attorney; Brown Rountree PC; Statesboro, GA