Question: I've been subpoenaed as a creditor in a 2004 examination. I think it's just a fishing expedition and I know the reason why. I'm not going to attend. A motion has been filed to dismiss the case. Once the case is closed is the 2004 examination automaticallly canceled as well?
Response 1: Yes, because there is no longer an active case. The 2004 examination would be moot.
Does the US DOJ have to file a motion to keep the case open if they want to further examine anything in the case?
Response 2: If the case is not dismissed by the Court through Motion to Dismiss, the Court would leave the case open if there is pending issues with the case. The U.S. Trustee's Office or the Trustee appointed in the case would let the Court know that it is still investigating issues in the case. With this notice, the Court would leave the case open until the Trustee's Office notifies the Court that it is no longer has any issues pending on the case. At that time, the Court would close the case. The case can remain open for years while the Trustee's Office is conducting its investigation.
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