Availability of subpoenas
Posted: Mon Jan 18, 2010 5:29 pm
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Debtor's counsel is correct. See Rule 9014
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
Steven B. Lever
Sent: Monday, January 18, 2010 3:54 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Availability of subpoenas
I have a motion for relief I filed in a new Chapter 11 (an unusual foray
into lender representation). The Debtor's attorney wants to take the
deposition of the bank's custodian and our marine surveyor (it is a
yacht) next week. It has been my understanding that to take a
deposition you needed either a 2004 application approved, or have an
adversary pending.
After I stated that presumption, Debtors attorney stated in paraphrase:
"A motion is a contested matter entitled to discovery. I could just
send out a notice of deposition, or a subpoena."
He is experienced and it seems plausible, but I've never seen this
during the first week that a motion for relief was filed, and while a
deposition between the first hearing and any evidentiary hearing sounds
plausible, to have to respond to a subpoena for depo next week seems
strange.
Any comments/guidance?
Steve
Law Offices of Steven B. Lever
>>>sblever@leverlaw. com
> www.leverlaw.com
>
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Message
Debtor's counsel is
correct. See Rule 9014
David A.
Tilem
Certified Bankruptcy
Specialist*
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