DISCOVERY IN CRIMINAL PROSECUTIONS IN BANKRUPTCY MATTERS

Abstract

A series of reforms to bankruptcy law conferred wide powers of investigation and inquiry on the Superintendent of Bankruptcy. To facilitate prosecution, the Bankruptcy Act allows the examination of bankrupts and others. This article considers this power of discovery under three headings: examination by the trustee, examinations by the Superintendent of Bankruptcy and the Study Committee’s proposed changes to the Superintendent’s power. Based on the usefulness of discovery and belief that it is not unduly oppressive, the author believes the right of examination should exist in cases of bankruptcy.