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How to Find Hidden Foreign Assets Here and There

The panel explores the challenges with foreign asset discovery in chapter 15 proceedings. Most foreign discovery is obtained either pursuant to Federal Rule of Bankruptcy Procedure 2004 or through the application of the Hague Convention. But how effective are these methods given the cumbersome and often complicated process of obtaining discovery? Are there more effective and efficient methods toward obtaining these results? Do other foreign jurisdictions have less cumbersome and more expedited processes to propound this type of discovery? The discussion includes commonly faced issues in obtaining discovery when locating and seizing assets, how to obtain records to determine the financial condition of the parties, and how foreign law may work to limit discovery.

Annual Spring Meeting 2019
2019
Materials Year: 
Bankruptcy Rules: 
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