FILING OF DISCOVERY-RELATED DOCUMENTS
U.S. Bankruptcy Court for the Southern District of New York
U.S. Bankruptcy Court for the Southern District of New York
Except as otherwise provided in these Local Bankruptcy Rules or by Court order, transcripts of depositions, exhibits to depositions, interrogatories, answers to interrogatories, document requests, responses to document requests, requests for admissions, and responses to requests for admissions may not be filed with the Court. Comment This rule is derived from Civil Rule 5.1 of the Local District Rules. 61 In 2017, this rule was amended to delete subparagraph (b). The rule contained in subparagraph (b) is reiterated in Local Bankruptcy Rule 8009-1(a), in Part VIII of the Local Bankruptcy Rules governing Appeals.
As such, subparagraph (b) of this rule was felt to be redundant. No substantive change is intended. Rule 7007.1-1 CORPORATE OWNERSHIP STATEMENT TO BE FILED BY A BUSINESS ENTITY OF ANY KIND THAT IS A PARTY TO AN ADVERSARY PROCEEDING The Corporate Ownership Statement required under Bankruptcy Rule 7007.1 shall also be filed by any party or proposed intervenor to an adversary proceeding, other than the debtor or a governmental entity, that is a business entity of any kind irrespective of whether it of a kind enumerated in section 101(9)(A) of the Bankruptcy Code. Comment Bankruptcy Rule 7007.1, effective December 1, 2003, requires a Corporate Ownership Statement to be filed for any corporation that is a party to an adversary proceeding other than the debtor or a governmental entity.
“Corporation” is broadly defined under section 101(9) of the Bankruptcy Code (and includes, for instance, limited liability companies and other unincorporated companies or associations), but it does not cover general or limited partnerships. The reasons for which this rule was enacted – to give the Judges of this Court information by which they can determine whether or not they need to recuse themselves – apply equally without regard to the legal form of a business entity. This local rule requires a similar disclosure with respect to business organizations of that character. Local Bankruptcy Rule 7007-1.1 was therefore amended in 2024 to mandate that the Corporate Ownership Statement referenced in Bankruptcy Rule 7007.1 be filed by a business entity of any kind.
The heading of this rule was amended in 2009 to more accurately reflect the substance of the rule. This rule was also amended in 2024 to track a 2021 amendment to Bankruptcy Rule 7007.1 regarding the filing of Corporate Ownership Statements by intervenors.
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