Foreign Representatives in Chapter 15 petitions are specifically permitted to conduct discovery to locate the debtor's assets within the United States to increase estate and creditor recoveries in the overseas proceedings and to probe the debtor's affairs, rights, obligations or liabilities.
Just Say No: Discovery In Chapter 15 Bankruptcies Is Asymmetrical
Chapter 15 specifically allows foreign representatives to conduct discovery in the U.S., but be wary of other entities that seek to distract and/or delay the Foreign Representative from the asset search.
By
Daniel Coyle
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