creditor served a subpoena on ch7 trustee requesting debtor's docs
Posted: Wed Jan 13, 2016 12:10 am
Reply-To: Roland Kedikian
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the chapter 7 trustee was served with a subpoena by a creditor
requesting all records in the ch7 trustee possession. The debtor had
provided tax returns and bank statements as requested by the trustee.
trustee conducted examination and assets are not worth liquidating after
exemptions. Trustee filed a no asset report and the case is moving along
just fine.
this particular creditor is in a very contentious civil litigation with
the debtor. Debtor would like to prevent creditor from obtaining records
mainly tax return and bank statements. debtor had provided inventory
etc. and we have no problem letting the trustee provide inventory
information as they are assets and they were listed in the petition any way.
My research so far!!!
1) creditor did not request tax transcripts prior to the 341a meeting so
they are past that deadline 521(e)(2)(A)(ii)
3) general objection in civil discovery in Tax returns and W-2s:
“Objection. Information regarding tax returns, including income tax
returns, W-2 and/or 1099 forms, is privileged under federal and state
law. (See Webb v. Standard Oil Co. (1957) 49 Cal.2d 509 [319 P.2d 621];
Brown v. Superior Court (1977) 71 Cal.App.3d 141 [139 Cal.Rptr. 327];
Aday v. Superior Court (1961) 55 Cal.2d 789 [13 Cal.Rptr. 415]; Schnabel
v. Superior Court (1993) 5 Cal.4th 704 [21 Cal.Rptr.2d 200].) This
privilege is to be broadly construed. (Sav-on Drugs, Inc. v. Superior
Court (1975) 15 Cal.3d 1, 6-7 [123 Cal.Rptr. 283, 287].)”
trustee is saying Section 704(a)(7) of the Bankruptcy Code provides that
a trustee shall "unless the court orders otherwise, furnish such
information concerning the estate and the estate's administration as is
requested by a party in interest." Unless I can provide that it violates
any privacy rules.
So I will argue the above to the trustee, the question is
1) is there anything else I am missing that I can use?
2) do I need to bring a motion to quash the subpena?
3) is there any circumvention of 2004 examination that the creditor is
doing that I can bring to the courts attention for violation and ask for
attorney fees.
4) any input is welcomed.
thank you
Roland Kedikian
www.kedikianlaw.com
8184098911
The post was migrated from Yahoo.
X-Original-Return-Path: Roland Kedikian
To: cdcbaa@yahoogroups.com
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List mates
the chapter 7 trustee was served with a subpoena by a creditor
requesting all records in the ch7 trustee possession. The debtor had
provided tax returns and bank statements as requested by the trustee.
trustee conducted examination and assets are not worth liquidating after
exemptions. Trustee filed a no asset report and the case is moving along
just fine.
this particular creditor is in a very contentious civil litigation with
the debtor. Debtor would like to prevent creditor from obtaining records
mainly tax return and bank statements. debtor had provided inventory
etc. and we have no problem letting the trustee provide inventory
information as they are assets and they were listed in the petition any way.
My research so far!!!
1) creditor did not request tax transcripts prior to the 341a meeting so
they are past that deadline 521(e)(2)(A)(ii)
3) general objection in civil discovery in Tax returns and W-2s:
“Objection. Information regarding tax returns, including income tax
returns, W-2 and/or 1099 forms, is privileged under federal and state
law. (See Webb v. Standard Oil Co. (1957) 49 Cal.2d 509 [319 P.2d 621];
Brown v. Superior Court (1977) 71 Cal.App.3d 141 [139 Cal.Rptr. 327];
Aday v. Superior Court (1961) 55 Cal.2d 789 [13 Cal.Rptr. 415]; Schnabel
v. Superior Court (1993) 5 Cal.4th 704 [21 Cal.Rptr.2d 200].) This
privilege is to be broadly construed. (Sav-on Drugs, Inc. v. Superior
Court (1975) 15 Cal.3d 1, 6-7 [123 Cal.Rptr. 283, 287].)”
trustee is saying Section 704(a)(7) of the Bankruptcy Code provides that
a trustee shall "unless the court orders otherwise, furnish such
information concerning the estate and the estate's administration as is
requested by a party in interest." Unless I can provide that it violates
any privacy rules.
So I will argue the above to the trustee, the question is
1) is there anything else I am missing that I can use?
2) do I need to bring a motion to quash the subpena?
3) is there any circumvention of 2004 examination that the creditor is
doing that I can bring to the courts attention for violation and ask for
attorney fees.
4) any input is welcomed.
thank you
Roland Kedikian
www.kedikianlaw.com
8184098911
The post was migrated from Yahoo.