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socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 34121
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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Hi. Ive received answers as to how to proceed with a Subpoena

Resolved Question:

Hi. I've received answers as to how to proceed with a Subpoena from my mother's bankruptcy lawyers, but I'm wondering if I'm under legal obligation to answer the Subpoena?
My mother filed bankruptcy in Utah, I live in California. My father died in Feb of this year in California. My mother's divorce from my father stipulated that he have a life insurance policy, but he did not have a policy listing her as a beneficiary. My mother found that he had a life insurance policy, but with no beneficiary. Since I was the closest living heir, I was able to get the $6300 (or so), then I sent the whole amount to my mother thinking that this would satisfy the claim (she said it was her money from the divorce).
My father left no will, assigned no one to take care of his estate. Between my siblings and I, we just took care of his funeral, cleaned out his small apartment and divided up some of his things to remember him by.

I don't want to deal with this if I don't have to. What is my legal obligation? What are the consequences if I ignore the subpoena?

Thanks
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 2 years ago.
A federal bankruptcy court subpoena may be served at any place within the district of the issuing court or any place outside that district but within 100 miles of the place of the deposition. FRCP Rule 45(b)(2)(A) & (B). If you are subpoenaed to appear more than 100 miles from your residence, then unless the subpoena is accompanied by a court order expressly requiring your appearance, you cannot be compelled to appear or deliver the required documents.

Hope this helps.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!

socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 34121
Experience: Attorney and Real Estate Broker -- Retired (mostly)
socrateaser and 3 other Bankruptcy Law Specialists are ready to help you
Customer: replied 2 years ago.
The documents they sent me are:

1. A page with the heading "UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF UTAH"
which states: "YOU ARE COMMANDED to produce and permit inspection and copying of the documents or objects identified on Exhibit A, attached hereto, at the place, date and time specified below (in Salt Lake City Utah)

2. A page with the heading "PROOF OF SERVICE" which includes my name and the "SERVED BY" name. Also has "Rule 45, Fed. R. Civ.P., Parts (c), (d), & (e)...Code by Rule 9016, Federal Rules of Bankruptcy Procedure.

3. A page with the heading "EXHIBIT "A" with a list of requested documents such as my father's will or trust, which I have already told them do not exist.

Would any of the above constitute a court order?

Thanks again.
Expert:  socrateaser replied 2 years ago.
The subpoena must "issue" from the court for the district in which the deposition is to be taken, or in which the records are to be produced or the inspection is to be made. Since you do not reside within the district of the bankruptcy court of Utah, nor are you within 100 miles of the place where you are to appear, the subpoena is invalid.

To be valid, the subpoena would have had to have been issued by one of the four California Federal Bankruptcy Court districts (Northern, Central, Southern Eastern), and it would have had to have ordered to you to appear in a location in that district, and no more than 100 miles from your residence.

Therefore, the subpoena is void.

Note: when I mentioned "court order," I meant literally a separate court order signed by a federal district court judge, rather than a subpoena signed by an attorney.

Hope this helps.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!

socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 34121
Experience: Attorney and Real Estate Broker -- Retired (mostly)
socrateaser and 3 other Bankruptcy Law Specialists are ready to help you

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