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In re Valley Forge Plaza Assoc.

United States Bankruptcy Court for the Eastern District of Pennsylvania

January 8, 1990, Decided

Bankruptcy No. 89-11136S Chapter 11


 [*671]  SCHOLL, United States Bankruptcy Judge

In the decision-making process, it is important to be consistent. However, it is more important to be correct. A consistent line of incorrect decisions is more properly nipped in the bud than promulgated purely for the sake of consistency.

Thus, despite acknowledgement of our statements in colloquies [**2]  with the interested parties in this case suggesting that the Debtor in this large Chapter 11 case, VALLEY FORGE PLAZA ASSOCIATES (hereinafter "the Debtor"), would be entitled, under Bankruptcy Rule (hereinafter "B.Rule") 2004 (hereinafter "R2004"), to as broad access to examination of professionals hired by the creditors in this case as we were allowing the creditors to obtain from the Debtor's expert professionals, we find that we cannot act upon these statements because they were misguided. Given the underlying purpose of R2004 to aid discovery of a debtor's assets, we believe that the use of R2004 by a debtor is generally limited and is certainly no broader than that permitted by B.Rule 7026 and Federal Rule of Civil Procedure (hereinafter "F.R.Civ.P.") 26. Therefore, we will allow the Debtor's R2004 Applications directed at the creditors' expert professionals to only the limited extent authorized by F.R.Civ.P. 26(b)(4), i.e., they may, through interrogatories, elicit only the subject matter of the experts' testimony, the substance of the facts and opinions to which the experts will testify, and a summary of the grounds for such opinions, with all reasonable costs incurred [**3]  by the said experts in responding thereto to be borne by the Debtor.

This voluntary Chapter 11 case was filed on March 28, 1989. The Debtor is a partnership which owns a complex embracing a full-service convention center, two luxury hotels (the Sheraton and the Radisson), an office building, and substantial parking facilities situated in King of Prussia, Pennsylvania, a prime suburban Philadelphia community. The Debtor claims that its assets are valued at over $ 130 million.

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109 B.R. 669 *; 1990 Bankr. LEXIS 3 **; 15 Fed. R. Serv. 3d (Callaghan) 1102

In re: VALLEY FORGE PLAZA ASSOCIATES (A Pennsylvania Limited Partnership), Debtor

Subsequent History:  [**1]  Memorandum and Order January 19, 1990, Reported at: 109 Bankr. 669 at 676.


discovery, parties, costs, documents, hired, examinations, preparation, valuation, contested matter, reasonable fee, mortgage

Bankruptcy Law, Procedural Matters, Adversary Proceedings, Discovery, Civil Procedure, Discovery & Disclosure, General Overview, Governments, Legislation, Interpretation, Discovery, Methods of Discovery, Expert Witness Discovery, Privileged Communications, Costs & Attorney Fees, Attorney Fees & Expenses, Reasonable Fees