ABA Working Group Issues Interim Report on e-Discovery in Bankruptcy Cases

In March, the American Bar Association’s Electronic Discovery [ESI] in Bankruptcy Working Group issued its Interim Report on Electronic Discovery Issues in Bankruptcy Cases.  The Working Group “was formed to study and prepare guidelines or a best practices report on the scope and timing of a party’s obligation to preserve electronically stored information (ESI) in bankruptcy cases” and has prepared preliminary guidelines in three bankruptcy-related subject areas: “(i) large Chapter 11 cases; (ii) middle market and smaller Chapter 11 cases; and (iii) Chapter 7 and Chapter 13 cases.”  Those preliminary guidelines are appended to the Interim Report, which was issued to “invite and stimulate comments from a wider audience.”  Thus, readers are encouraged to review the report, available here, and to submit comments to the Working Group using the contact information provided.