Request for Production of Documents in Preference Actions

Summary

This request for production (RFP) template is for use by a plaintiff that is seeking discovery in a preference action. This template includes practical guidance, drafting notes, and an optional clause. Section 547(b) of the Bankruptcy Code sets forth the required elements that a trustee or debtor-in-possession (or other party with standing to bring a preference action) must establish to recover a preferential payment. Section 550 of the Bankruptcy Code authorizes the trustee to avoid and recover the transferred property or its value from the transferee post-petition. Section 502(d) requires a court to disallow a creditor's claim if the estate is entitled to recover property from that creditor, including as a result of a voidable preference, and that creditor has failed to first transfer the property back to the estate. Bankruptcy Rule 7034 incorporates Federal Rule of Civil Procedure 34, which governs, among other things, the production of documents. Document requests, also called requests for production (RFPs), are written requests served between parties in civil litigation seeking production of relevant documents and electronically stored information. Fed. R. Civ. P. 34. These requests provide broad access to other parties' information but can quickly become expensive and yield an overwhelming amount of material. Carefully drafting the requests to ask only for the information needed to advance your case is critical to stave off objections and ensure you receive a manageable volume of documents and data. For more information on preference actions, see Preferences, Calculating Preference Defenses, and Fraudulent Conveyances versus Preference Actions. For more discovery templates to use in a preference action, see Request for Admissions in Preference Actions and Interrogatories in Preference Action. For related templates, see Complaint to Avoid and Recover Preferential Transfers and Settlement Agreement for Avoidance Actions (Bankruptcy Rule 9019). For more on RFPs, see Document Requests: Drafting and Serving RFPs (Federal).