How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Phillips Esq. Your Own Question
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 18824
Experience:  B.A.; M.B.A.; J.D.
16551887
Type Your Bankruptcy Law Question Here...
Phillips Esq. is online now
A new question is answered every 9 seconds

Ive been subpoenaed as a creditor in a 2004 examination.

Resolved 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? Does the US DOJ have to file a motion to keep the case open if they want to further examine anything in the case?
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  Phillips Esq. replied 4 years ago.
Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.

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.

Phillips Esq. and 3 other Bankruptcy Law Specialists are ready to help you