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Committee OfficersUpcoming EventsContribute to theNewsletterABI WorldNewsletter ArchivesBankruptcy Litigation Committee Using Experts in Bankruptcy Litigation: TheRules Matterby: Howard P. Magaliff [1]DiConza Traurig Magaliff LLP; New YorkI sometimes joke that “bankruptcy litigator” is anoxymoron because bankruptcy and litigation practice oftenseem fundamentally at odds. Bankruptcy is, first andforemost, an equitable process, designed to be flexibleand pragmatic in practice, which works best when it is consensual. By contrast,litigation is rules-driven: The process is made rigid by the Federal Rules of CivilProcedure (FRCP) and Federal Rules of Evidence (FRE), deviation from which canhave severe consequences. It is the opposite of consensual; it is combative.Bankruptcy practitioners often commence litigation with the goal of achieving asettlement. Even so, there are times when lawyers are willing to gloss over importantrules of trial practice, but this can be dangerous. A bankruptcy co...