I Need Evidence of What?! Everybody Knows It's True, and Besides, This is Bankruptcy Court
By: E. Lee Morris (Author and Panelist) I. Introduction There was a time when many proceedings handled within the bankruptcy arena were reminiscent of the Wild West, at least with respect to the introduction of evidence (or purported evidence). In those days, it was not uncommon, for example, to observe merits-based hearings being conducted largely on argument, with the hearings culminating in the entry of order supported by little, if any, true evidence. In this day and age, however, bankruptcy practitioners have become ever more knowledgeable and sophisticated in handling evidentiary issues, and bankruptcy courts have come to expect and demand actual supporting evidence at hearings (as opposed to representations concerning the evidence). For those who are prepared to be confronted with such "pesky" details, they are likely in for a rude awakening. The purpose of this paper is to provide a practical roadmap of the Federal Rules of Evidence, focusing on those evidentiary issues which bankruptcy practitioners are most likely to confront and therefore should be prepared to address in advance of trial. TO READ MORE, CLICK THE PDF ICON BELOW: View as PDF |