Date of Decision:
August 10, 2009
Whether the trustee was entitled to an order compelling a § 506(b) claimant to answer certain interrogatories related to fees incurred by the claimant's attorneys where the claimant, relying on Fed.R.Civ.P. 33(d), said the answers were available to the trustee in some fee records the claimant had already supplied.
The trustee was entitled to an order compelling answers to the interrogatories because the § 506(b) claimant had not fully complied with Rule 33(d). The business/fee records supplied by the claimant did not contain all the information the trustee had requested, and to the extent they did, the claimant could more readily glean the requested information from them than could the trustee.
Full Bankruptcy Court Decision: