Thanks. This is actually for an Idaho case. The local rules don't address
the subpoena, but all the parties can submit an agreed order for
attendance. Without an agreement, I would think a subpoena is required for
a nondebtor to attend.
Holly Roark
Certified Bankruptcy Specialist*
*and Sports Lawyer*
holly@roarklawoffices.com **primary email address**
www.roarklawoffices.com
Central District of California - Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600 Los Angeles, CA 90067
T (310) 553-2600; F (310) 553-2601
*By State Bar of California Board of Legal Specialization
**Counsel for Chapter 13 Trustee Kathleen A. McCallister (Idaho) T (208)
922-5100
On Tue, Jun 23, 2015 at 11:25 AM, Michael Avanesian
michael@avanesianlaw.com
[cdcbaa] wrote:
>
>
> I am sorry, I assumed you were in Central District. I quoted you the local
> rules.
>
> Even if you did not have to issue a subpoena (because the party agreed to
> voluntarily attend), you would want to subpoena them anyway as a means of
> making sure they stick to their promise. FRBP 2004 incorporates FRBP 9016
> which gives you the authority to subpoena.
>
>
> Sincerely,
>
> *Michael Avanesian, Esq. *
> Simon Resnik Hayes, LLP
> 15233 Ventura Blvd., Suite 250
> Sherman Oaks, CA 91403
> Tel: 818.783.6251 | Cel: 818.817.1725
>
> *Confidentiality**: *This electronic transmission and its contents are
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> or (ii) promoting, marketing or recommending to another party any
> transaction or matter addressed herein.
>
>
> On Tue, Jun 23, 2015 at 10:16 AM, Holly Roark
hollyroark22@gmail.com
> [cdcbaa] wrote:
>
>>
>>
>> I am looking at the online version of FRBP at Cornell and paragraph (e)
>> says "mileage", not "subpoena".
>>
https://www.law.cornell.edu/rules/frbp/rule_2004
>>
>> Anyway, your version makes sense.
>>
>>
>>
>> Holly Roark
>> Certified Bankruptcy Specialist*
>> *and Sports Lawyer*
>>
holly@roarklawoffices.com **primary email address**
>>
www.roarklawoffices.com
>> Central District of California - Consumer Bankruptcy Attorney
>> 1875 Century Park East, Suite 600 Los Angeles, CA 90067
>> T (310) 553-2600; F (310) 553-2601
>>
>> *By State Bar of California Board of Legal Specialization
>>
>> **Counsel for Chapter 13 Trustee Kathleen A. McCallister (Idaho) T (208)
>> 922-5100
>>
>>
>> On Tue, Jun 23, 2015 at 10:53 AM, Michael Avanesian
>>
michael@avanesianlaw.com [cdcbaa] wrote:
>>
>>>
>>>
>>> Yes, see part (e).
>>>
>>> (e) Subpoena. If the court approves a Rule 2004 examination *of an
>>> entity other than the **debtor*, the attendance of the entity for
>>> examination and for the production of documents must be compelled by
>>> subpoena issued, and served pursuant to FRBP 9016
>>> and F.R.Civ.P. 45.
>>>
>>>
>>> Sincerely,
>>>
>>> *Michael Avanesian, Esq. *
>>> Simon Resnik Hayes, LLP
>>> 15233 Ventura Blvd., Suite 250
>>> Sherman Oaks, CA 91403
>>> Tel: 818.783.6251 | Cel: 818.817.1725
>>>
>>> *Confidentiality**: *This electronic transmission and its contents are
>>> legally privileged and confidential information and intended solely for the
>>> use of the addressee. If the reader of this message is not the intended
>>> recipient, you are hereby notified that any dissemination, distribution,
>>> copying or other use of this message and its contents is strictly
>>> prohibited. If you have received this transmission in error, please reply
>>> to us immediately and delete this message from your directory.
>>>
>>> *IRS Circular 230 Disclosure:* To ensure compliance with requirements
>>> imposed by the IRS, please be advised that any U.S. federal tax advice
>>> contained in this communication (including any attachments) is not intended
>>> or written to be used or relied upon, and cannot be used or relied upon,
>>> for the purpose of (i) avoiding penalties under the Internal Revenue Code,
>>> or (ii) promoting, marketing or recommending to another party any
>>> transaction or matter addressed herein.
>>>
>>>
>>> On Tue, Jun 23, 2015 at 9:51 AM, Holly Roark
hollyroark22@gmail.com
>>> [cdcbaa] wrote:
>>>
>>>>
>>>>
>>>> To do a 2004 Exam of a nondebtor, is a Motion sufficient, or do you
>>>> need to subpoena them to appear?
>>>>
>>>> The Rule is confusing to me. 2004(a) says that "any entity" may be
>>>> examined on motion by a party in interest, but (c) talks about compelling
>>>> attendance with a subpoena.
>>>>
>>>> Is a subpoena required to take the exam of a nondebtor?
>>>>
>>>>
>>>> Holly Roark
>>>> Certified Bankruptcy Specialist*
>>>> *and Sports Lawyer*
>>>>
holly@roarklawoffices.com **primary email address**
>>>>
www.roarklawoffices.com
>>>> Central District of California - Consumer Bankruptcy Attorney
>>>> 1875 Century Park East, Suite 600 Los Angeles, CA 90067
>>>> T (310) 553-2600; F (310) 553-2601
>>>>
>>>> *By State Bar of California Board of Legal Specialization
>>>>
>>>> **Counsel for Chapter 13 Trustee Kathleen A. McCallister (Idaho) T (208)
>>>> 922-5100
>>>>
>>>>
>>>
>>
>
>
Thanks. This is actually for an Idaho case. The local rules don't address the subpoena, but all the parties can submit an agreed order for attendance. Without an agreement, I would think a subpoena is required for a nondebtor to attend. Holly RoarkCertified Bankruptcy Specialist*and Sports Lawyer
holly@roarklawoffices.com**primary email address**
www.roarklawoffices.com
Central District of California - Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600 Los Angeles, CA 90067
T (310) 553-2600; F (310) 553-2601
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