What's In Store For E-Discovery In Bankruptcy?

Law360, New York (May 16, 2013, 3:05 PM EDT) -- Given the limitations of discovery in the context of a bankruptcy proceeding, historically, there has been a lurking question regarding the applicability of the various "rules" on e-discovery to a bankruptcy case. Although it seemed pretty clear via Rule 7001 of the Federal Rules of Bankruptcy Procedure that the case law regarding e-discovery and ESI-related issues derived under the applicable Federal Rules of Civil Procedure would apply in an adversary proceeding, it was less clear whether and to what extent the same jurisprudence would or even should be given the same weight in a contested matter under Bankruptcy Rule 9016 or even some of the routine matters that typically arise in a case under the United States Bankruptcy Code....

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