Bankruptcy Court Clarifies Authentication Standard in Motions for Summary Judgment

Posted by NACBA - February 7, 2019

The Bankruptcy Court for the District of Delaware recently clarified the authentication standard for an exhibit attached to a motion for summary judgment. The court examined the change in Fed.R.Civ.P. 56(c)(4) in 2010 (made applicable to bankruptcy proceedings in Fed.R.Bankr.P. 7056 and applicable to all contested matters in Fed.R.Bankr.P. 9014(c)).

This case involves a corporate chapter 7 bankruptcy. The Trustee is holding large tax refund of approximately $5.5 million and two creditors claimed priority in disbursement. In support of it’s summary judgment motion creditor 1 relied upon a declaration with 29 exhibits and sub-exhibits signed by an employee from creditor 1’s parent company. Creditor 2 moved to strike the employee’s declaration and its exhibits for failing to meet the requirements in Fed.R.Civ.P. 56(c).

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