Matter of Wilcher

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• denying a Rule 2004 motion because the discovery \could only lead to causes of action ...which have been foreclosed\ by res judicata and collateral estoppel
• res judicata applies when “party prosecutes an action in a representative capacity but is also himself one of the parties represented”
• \It is clear that Rule 2004 may not be used as a device to launch into a wholesale investigation of a non-debtor's private business affairs.\
• “in order to assert the doctrine of collateral estoppel it must be established that the party sought to be bound (or his privies) had a full and fair opportunity to litigate the issues in question in the prior litigation”
• “Although a Rule 2004 examination may be ordered ex parte, once a motion to quash a subpoena is made, the examiner bears the burden of proving that good cause exists for taking the requested discovery.”

Source: CourtListener parenthetical corpus (CC0).