The following is an actual set of requests for production of documents served on one of our clients in a bankruptcy preference adversary proceeding.  This is a fairly typical set of document production requests even though every law firm representing the bankruptcy preference claimant.

The “Applicable Period” for Discovery

One significant variable from law firm to law firm is the period of time for which the supplier is required to produce documents.  This period is called the “Applicable Period” in the following requests.  The Applicable Period is intended to pick up a significant period establishing a course of dealing between the Supplier and the bankrupt customer.  In most instances, the applicable period is between 1 and 2 years prior to the filing of the bankruptcy petition.

The Broad Concept of a “Transfer”

As discussed in the “Plain English Glossary of Bankruptcy Preference Terms“, the term “Transfer” is broadly defined as follows:

The term “Transfer” refers to any payment(s) made by the Debtor to the Defendant during the Applicable Period (as defined herein), including, but not limited to, any funds, property, or other value conveyed to you by check, wire transfer, debit, credit to your account, the return to you of inventory or other property, or by any other means during the Applicable Period, by the Debtor, or otherwise satisfied an obligation owed to you by the Debtor.

SAMPLE DOCUMENT PRODUCTION REQUESTS

 

1.  All contracts and agreements, whether written or oral, between Debtor and Defendant in effect during the Applicable Period and all documents, including correspondence relating thereto.

2.  All correspondence between You and any principal, representative, agent, servant or employee of the Debtor relating to the Transfers.

3.  Any and all Documents n your possession which evidence, relate to. or describe the financial condition, solvency or ability to timely pay debts of any of the Debtors during the Applicable Period.

4.  All Documents including all internal customer record(s) (commonly know as a customer ledger, account histories, or A/R Ledgers) that show the invoice dates, numbers, and amount and the payments received by Defendant from Debtor, for the account relationship between Defendant and Debtor for the Applicable Period.

5.  All documents which You intend to introduce into evidence or mark as an exhibit at the trial in this adversary proceeding

6.  All documents you believe support any purported defenses to the claims asserted in the Complaint.

7.  All documents, including, but not limited to, all letters, notes, memorandums, or other business records, written or electronic relating to credit or payment terms, including credit limits that existed between Debtor and Defendant during the Applicable Period.

8.  Any and all any and all documents relating to the Defendant’s credit policies for customers in effect during the Applicable Period.

9.  All reports, summaries, or other Documents prepared, reviewed, relied upon, or which maybe reviewed or relied upon, by you in connection with the defense of the claims asserted in the Complaint.

10.  All Documents relating to payments from the Debtor to the Defendant during the Applicable Period including any invoices, ledgers, journals, purchase orders, invoices, shipping documents, bank records (including, but not limited to any confirmation of wire transfers) other accounting records or any other documents relating to payments from the Debtor to the Defendant

11.  All documents relating to Your contention, if any, that the Transfer(s) were protected from avoidance under the contemporaneous new value defense of 11 U.S.C § 547(c)(1).

12.  All documents relating to Your contention, if any, that the Transfer(s) were payment of a debt incurred by the Debtor in the ordinary course of business or financial affairs of the Debtor and You.

13.  All documents relating to Your contention, if any, that the Transfer(s) were made in the ordinary course of business or financial affairs of the Debtor and You,

14.  Every invoice You sent to the Debtor within the two years prior to and including [the date of the bankruptcy filing] and/or all documents evidencing the terms of payment on each such invoice and the date the Debtor made payment(s) on such invoice or document.

15.  All documents relating to Your contention, if any, that the Debtor’s obligation to make payment(s) on any invoices that were the subject of the Transfer(s) were secured in any manner,

16.  All documents relating to Your contention, if any, that the Transfer(s) were made according to ordinary business terms, within the meaning of 11 U.S.C. § 547(c).

17.  All documents identifying Defendant’s ten (10) largest customers (by dollar amount of business transacted therewith) during the Applicable period including identifying the purchase and credit terms, granted by Defendant thereto during the Applicable Period.

18.  All Documents which summarize the typical, average and/or standard time period(s) for accounts receivable to be paid (from the date of invoice) for companies in the industry or industries most applicable to You

19.  All documents relating to Your contention, if any, that You gave “new value” to the Debtor as that term is used in 11 U.S.C. § 547(c).

20.  All documents You reviewed or consulted in preparing answers to the Interrogatories listed above.

21.  All documents relating to Your contention, if any, that any Transfer was secured by a lien, mortgage, or other security interest.