A Subpoena to Appear and Testify at a Hearing or Trial in a Bankruptcy Case (or Adversary Proceeding) is a legal document issued by the court requiring a person to appear in court and give testimony at a hearing or trial in a bankruptcy case (or adversary proceeding). This subpoena may be issued by a bankruptcy judge, a U.S. trustee, or a creditor in the bankruptcy case. It will require a person to appear in court on a specific date and time to give testimony. This testimony may be in the form of documents, oral statements, or both. The person receiving the subpoena must appear in court, or risk having a warrant issued for their arrest. There are two types of subpoenas that may be issued in a bankruptcy case: a Subpoena to Appear and Testify at a Hearing or Trial in a Bankruptcy Case (or Adversary Proceeding) and a Subpoena Ducks Cecum, which requires the recipient to produce documents to the court.
Subpoena to Appear and Testify at a Hearing or Trial in a Bankruptcy Case (or Adversary Proceeding)
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FAQ
Go to your court hearing on the Request to Quash the Subpoena. The judge may quash the subpoena, modify it, or order you to comply with it. The judge may also order the losing side to pay the other's attorney's fees related to issuing the subpoena or requesting that it be quashed.
Valid Reasons to Get Out of a Subpoena Self-incrimination. Privilege (ex: Violating a doctor-patient privilege by releasing their medical records) Family or medical emergency. Didn't receive a subpoena.
An "Adversary Proceeding" in bankruptcy court has the same meaning as a lawsuit in other courts. This means that one or more "plaintiff(s)" file a "complaint" against one or more "defendant(s)." In many situations an adversary proceeding is required if a plaintiff wants to obtain a particular type of relief.
Can I plead the Fifth if subpoenaed to testify or produce documents to a congressional committee? Yes. The Supreme Court has held that the Fifth Amendment right against self-incrimination is available to recipients of congressional subpoenas.
Valid Reasons to Get Out of a Subpoena Self-incrimination. Privilege (ex: Violating a doctor-patient privilege by releasing their medical records) Family or medical emergency. Didn't receive a subpoena.
An adversary proceeding in bankruptcy is a separate lawsuit filed within the bankruptcy case. Like most lawsuits, it starts when someone (the creditor, the bankruptcy trustee, or you) files a complaint. Many bankruptcies go through to completion and discharge without any adversary proceedings.
Common grounds for objections include that the subpoena: (1) imposes undue burden or expense; (2) seeks documents containing irrelevant information; (3) is vague and/or ambiguous; and (4) seeks disclosure of trade secrets or other privileged or confidential information.
In bankruptcy court disputed matters are either classified as ?contested matters? or ?adversary proceedings?. A contested matter commonly arises in disputed motions. Whereas adversary proceedings largely track traditional civil litigation (i.e., Complaint, Answer, Trial).