Browse terms
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
Talk to a lawyerHow 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
| Tool | What it is |
|---|---|
| Deposition 1 | An oral statement made under oath before an officer authorized to administer oaths 1 |
| Interrogatories 1 | Written questions sent by one party to the other, answered in writing under oath 1 |
| Requests for documents 1 | A 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
In a lawsuit inside your bankruptcy case?
A bankruptcy lawyer in your state can handle discovery with you.
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