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TexLaw
TexLaw, Attorney
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I have been subpoenaed fit a rule 2004 examination under bankruptcy

Customer Question

I have been subpoenaed fit a rule 2004 examination under bankruptcy law. The case they are looking at was dismissed several months ago. I have read some info about this and several lawyers refer to it as a "fishing exhibition". I really need some advice before I go, or should I file an objection since the case no longer exists.
Submitted: 1 year ago.
Category: Legal
Expert:  TexLaw replied 1 year ago.
Hi,

Thank you for your question. Was there a court order which accompanied the subpoena?

Was the subpoena signed by a judge?

Customer: replied 1 year ago.

I do not have it with me but, no court order and it is from a trustee of the court. I do not remember if a judge signed it.

Expert:  TexLaw replied 1 year ago.
A 2004 Examination is done on a motion to the court. I would assume that the court has therefore ordered the examination to go forward.

As such, the time for objecting is most likely past. Objecting on the basis of a fishing expedition is not going to be good grounds for the objection, as the 2004 Exam is essentially designed to allow broad inquiry. As such, I would recommend complying with the subpoena and not trying to object.
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4083
Experience: Lead trial/International commercial attorney licensed 11 yrs
TexLaw and 13 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

How can they hold this examination on a case that was dismissed by the court??? Is that normal.

Expert:  TexLaw replied 1 year ago.
Actually, these sort of examinations are usually held prior to someone filing a claim.

What I would suspect it means if you have had your case dismissed already is that a creditor is thinking about filing some sort of claim against someone involved in the bankruptcy.
Expert:  TexLaw replied 1 year ago.
Please don't forget to rate my answer positively so that I might receive payment from the website for my work on your question.

Thanks,
ZDN
Customer: replied 1 year ago.

I apologize for not having all the information yesterday. Here is the actual truth of the matter. I have been subpoenaed by a "trial attorney" for a rule 2004 examination in the bankruptcy court. I am a preparer of filings for clients who have very little money so my fee is only $275. This client insisted she could file a chapter 7 after only 7 years since her last. I told her she could not, but she insisted. I directed her on how to do the case and she filed, I did not put my name on any of the paperwork, but I did deliver the case to the court. The case was summarily dismissed, needless to say because of the 8 year rule. Since there is no court order and no judge signed this what would be the consequences of my not appearing ?? Please advise.

Expert:  TexLaw replied 1 year ago.
Hi,

Attorneys have the right to request subpoenas. The rules provide that a 2004 examination only comes about after motion of a party and an order from the court. You are saying that the case was dismissed, but do you know for absolute certain that this attorney did not get authorization from the court to send this subpoena?

Unless you have absolute certainty that this is a fraudulent subpeona, then you need to comply with it. If you fail to comply with a non-fraudulent subpoena, you could end up in jail for contempt of court.

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