Discovery request in Bankruptcy
Discovery requests for document production by the local U.S. Trustee’s Office should be responded to in as thorough and timely a manner as possible. However, these investigations prior to the deadline for objections to discharge into a debtor’s financial affairs are generally triggered by unusual circumstances as reported on the bankruptcy petition. An over-median household income and a seemingly excessive amount of debt relative to time of filing income might cause the U.S. Trustee’s Office to make further inquiry into the reasons for so much debt and attempts made to repay these amounts. Debtors through their counsel should generally produce what documents they can along with a sworn affidavit explaining the circumstances causing the high debt relative to income level and why a bankruptcy filing was necessary in their case.