A. Application of Provisions of Fed.R.Bankr.P. 7026 (a)(1)

Unless otherwise ordered by the court all bankruptcy contested matters and adversary proceedings are exempted from:

(1) the provisions set out in Fed.R.Bankr.P. 7026(a)(1) (Fed.R.Civ.P. 26(a)(1)),

(2) the requirements of Fed.R.Bankr.P. 7026(a)(4) (F.R.Civ.P. 26(a)(4)) that disclosures under paragraphs (1) through (3) of Fed.R.Bankr.P. 7026(a) (Fed.R.Civ.P. 26(a)) be filed with the court,

(3) the timing and sequence of discovery set out in Fed.R.Bankr.P. 7026(d) (Fed.R.Civ.P. 26(d)), and

(4) the requirement for a meeting of the parties set out in Fed.R.Bankr.P. 7026(f) (Fed.R.Civ.P. 26(f)).

B. Disclosure of Insurance Agreements

A party may obtain for inspection and copying as under Fed.R.Bankr.P. 7034 (Fed.R.Civ.P. 34) any insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in the action or to indemnify or reimburse for payments made to satisfy the judgment.

Committee Note: This parallels in part the amendment to General Rule 5 adopted by the District Court in its General Order of 21 December 1993. Bankruptcy Rules 7026 and 9014 adopt Fed.R.Civ.P. 26, so all of that rule would apply in bankruptcy cases unless an exception is adopted. Exceptions must be adopted expressly as bankruptcy rules since changes to the other local rules of the District do not automatically apply to the Bankruptcy Rules. (See Rule 10 C of these rules.)

Section B is needed as the provision for inspecting insurance agreements is contained in the automatic disclosure sections. Failure to make such a provision would result in those agreements not being discoverable if, as in A, a court opts out of the automatic discovery provisions of Fed.R.Civ.P. 26(a)(1).