Adversary Proceeding

[confusedinfl]

The one creditor I have has filed an adversary proceeding. Her attorney has requested documents beyond the date on which I filed Chapter 7. In fact they are requesting documents through present day which is 7 months beyond the date on which I filed Chapter 7. My attorney is objecting obviously but I was curious to learn if anyone had heard of this and whether they stand any chance of the judge allowing him to gain access to my current financial records. My attorney thinks they are just abusing the discovery process to get a jump start on their collection process in the event that the bankruptcy is dismissed as a result of their adversary proceeding.

Any thoughts?

[HHM]

To even speculate on what is going on, you really need to file in some detail. I.e. what is the nature of the debt, who is the creditor, what is their grounds for objection...etc.

[confusedinfl]

Creditor is a former business partner.

[HHM]

Ok, now I remember, you have posted this before. When in comes to fraudulent transfer, it really does not matter that the judgment creditor knew about them. Moreover, the look back period under BK law can be up to 10 years for fraudulent transfer (most state law is 2-4 years). But in any event, your question is about discovery.

In fraudulent transfer cases, it is not uncommon to request financial documents dated after filing of BK because, after all, the issue at hand is what happened to assets that were "supposed" to be part of the BK estate.

Sounds like your attorney is handling as best as he can, I hope you are able to quash the discovery motion, but I wouldn't hold my breath, and you should probably start gathering the documents in the event the judge orders their turnover.