Discovery in Chapter 13 Bankruptcy Litigation

legal-project-managerYou filed your Chapter 13 bankruptcy petition with the Court.

All seems to be proceeding smoothly, but just before the deadline passes for creditors to file a complaint, an adversary proceeding is filed charging your client with fraud under 11 USC 523 (a)(2)(A).

Bankruptcy rules set forth the time to answer the complaint under Rule 7012(a) within 30 days after the issuance of the summons.  Once the answer is filed, it’s on to the discovery process.

Discovery is a pre-trial procedure in which each party, through the law of civil procedure, requests information from the other party.    During discovery, parties request each other and sometimes third parties for information about the facts and issues of the case.  Information is gathered formally through written questions called “interrogatories,” requests for production of documents, and requests for admission.

Depositions are also conducted of witnesses by attorneys in a formal procedure whereby the witnesses answer questions under oath.  These answers are recorded by a court reporter who provides those recordings to the attorneys for use at trial.  Depositions can be helpful to highlight issues with witness credibility or their deviation from testimony in court.

If you have questions about your Chapter 13 bankruptcy case, wish to file a Chapter 13 bankruptcy petition, or need to respond to a Chapter 13 adversary proceeding, please contact the attorneys of Winslow & McCurry, PLLC at (804)423-1382 or email us at