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socrateaser, Attorney
Category: Bankruptcy Law
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Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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What is the layman definition of Notice of Initial Disclosure We

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What is the layman definition of Notice of Initial Disclosure?

We are working on a Chapter 7 Pro Se. There is an Objection to Chapter 7 discharge. At this point we are being asked to file our 'Notice of Initial Disclosure' and are not certain what is required.

The Notice requirements (not including any local requirements) is found in Fed. R. Civ. Proc. 26. In layperson terms, you have an affirmative duty to provide certain information to the other parties to the case, or you could be subject to sanction by the court.


Hope this helps.


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Customer: replied 6 years ago.
I see.
Do we need to ask them for additional proof of their claims?
For instance, if they make a claim to have information - we ask them for the proof of that claim?

You're opening up a huge bag of worms, generally called the "tools of discovery," which are found in Fed. R. Civ. Proc. Rules 26 through 37 and 45. If you require additional discovery, then you can use, among other things, a request for interrogatories, request for production of documents and other things, a notice of deposition, of a party a subpoena for deposition of a nonparty, and a request for admissions.


Which tool to use depends on what you're trying to discover, sometimes more than one tool is preferred -- other times, no tool other than to bring a witness to trial will do.


If you want more info concerning discovery, then you'll have to visit a local law library, or alternatively, pull out your credit card and purchase:


Federal Civil Procedure Before Trial, 5th Circuit Edition


Federal Civil Trials and Evidence


Bankruptcy, National Edition



socrateaser and 3 other Bankruptcy Law Specialists are ready to help you
Customer: replied 6 years ago.
That is really helpful. I have been trying to wrap my brain around this for days and you are the first to shed light on the issue. THANK YOU SO MUCH.

I appreciate your ability to understand that what may seem like 'simple' legal terms to law professionals can be mind boggling to us laymen.

You're welcome and good luck!

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