A Kentucky Subpoena to Testify at a Deposition in a Bankruptcy Case (or Adversary Proceeding) is a legal document issued by a court requiring an individual to appear at a deposition and provide testimony related to the bankruptcy or adversary proceeding. The subpoena may be issued by the Bankruptcy Court in Kentucky or by a party involved in the bankruptcy or adversary proceeding. There are two types of Kentucky Subpoena to Testify at a Deposition in a Bankruptcy Case (or Adversary Proceeding): the “SubpoenDuckseCecumum” and the “Subpoena Ad Testificandum.” The SubpoenDuckseCecumum requires the recipient to produce documents, records, or other physical items related to the bankruptcy or adversary proceeding, while the Subpoena Ad Testificandum requires the recipient to appear in person to testify at the deposition. Both types of Kentucky Subpoena to Testify at a Deposition in a Bankruptcy Case (or Adversary Proceeding) may be served on the recipient either personally or by certified mail. The recipient may also be served through a process server or by registered mail. The recipient must be served at least 10 days before the deposition is scheduled to take place. The Kentucky Subpoena to Testify at a Deposition in a Bankruptcy Case (or Adversary Proceeding) must also be accompanied by a check to cover the recipient’s reasonable expenses associated with attending the deposition. The recipient may also be served with a Subpoena Ducks Cecum, which requires the recipient to produce documents, records, or other physical items related to the bankruptcy or adversary proceeding. The recipient of the Kentucky Subpoena to Testify at a Deposition in a Bankruptcy Case (or Adversary Proceeding) may choose to challenge the subpoena in court. If the challenge is successful, the court may reduce or quash the subpoena. If the challenge is unsuccessful, the recipient must comply with the terms of the subpoena and appear for the deposition.
Kentucky Subpoena to Testify at a Deposition in a Bankruptcy Case (or Adversary Proceeding)
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FAQ
Adversary proceedings are governed by Part VII of the Federal Rules of Bankruptcy Procedure (FRBP). FRBP 7001 lists types of proceedings that must be filed as adversary proceeding complaints, rather than as motions or notices in the bankruptcy case.
A defendant can respond to an adversary proceeding by filing an answer or a motion (e.g., a motion to dismiss the complaint) within 30 days from the date of the summons. If the defendant fails to file a responsive pleading, the bankruptcy judge can enter a default judgment against the defendant.
A creditor may ask for a deposition. You will get a Notice of Deposition that tells you when and where to go to answer questions about the case. You must attend the deposition. If you do not attend, the creditor may be able to get a default judgment against you.
For example, they might want to object to a discharge, get an injunction, obtain a ruling on whether a debt can be discharged, or pursue money from a party not in the bankruptcy proceeding. A party involved in a bankruptcy case can start an adversary proceeding by filing a complaint.
An "Adversary Proceeding" in bankruptcy court has the same meaning as a lawsuit in other courts. This means that one or more "plaintiff(s)" file a "complaint" against one or more "defendant(s)." In many situations an adversary proceeding is required if a plaintiff wants to obtain a particular type of relief.
In bankruptcy court disputed matters are either classified as ?contested matters? or ?adversary proceedings?. A contested matter commonly arises in disputed motions. Whereas adversary proceedings largely track traditional civil litigation (i.e., Complaint, Answer, Trial).
In bankruptcy court disputed matters are either classified as ?contested matters? or ?adversary proceedings?. A contested matter commonly arises in disputed motions. Whereas adversary proceedings largely track traditional civil litigation (i.e., Complaint, Answer, Trial).
Adversary Proceedings Explained Adversary proceedings are rare when it comes to consumer bankruptcies, because they are complicated and only take place when there is a fundamental disagreement between the creditor and debtor.