Legal Question in Bankruptcy in California

Subpoena in an Adversary Proceeding

I am the debtor in a C7 personal BK In Pro Se. The Plaintiff in an Adversary Proceeding has sent out several subpoenas that I am aware of to 3rd parties. Acording to the Plaintiff's counsel. we have not had the 26(f) conference. I think we have as we did submit a discovery plan in the early conference.

From what I can tell in FRCP, no discovery can happen until after the 26(f) meeting, so if that has not happened (per oposing counsel), are the subpoenas legal? can any information received through them be thrown out as inadmissible?

Am I supposed to get a copy of each subpoena before they get sent out? (I thought I read something about that in FRCP)

They are also saying tht they dont have t send Initial Disclosures yet. I think they are wrong and am about to file a motion to compel. Am I wrong?

This attorney is using a private investagator as his ''Bankruptcy Expert'' and the PI is not an attorney. Can I subpoena the PI for producion of documents? Depose him? I don't know if the PI is an employee or a subcontractor

Would the PI be covered under Attorney-Client Privledge or Trial Prep Materials?


Asked on 3/13/09, 1:27 am

3 Answers from Attorneys

Larry L. Doan Law Office of Larry L. Doan

Re: Subpoena in an Adversary Proceeding

Don't mean to sound unsympathetic but you probably need to hire counsel to defend you. Get a professional to handle all these discovery "games" the other side is going to throw at you, taking advantage of you. An adversary proceeding in bktcy is like a civil lawsuit and you would not want to go pro se in a civil case, or you'll get overwhelmed by

endless procedural and substantive legal questions and get an adverse judgment against you.

Larry L. Doan, Esq.

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Answered on 3/13/09, 1:34 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Subpoena in an Adversary Proceeding

Get real, you can't handle this yourself. This is your third question. Nothing on this site can be considered legal advise as it is too general and the attorney's have a disclaimer to that effect. Contact me directly.

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Answered on 3/13/09, 1:42 pm
David Gibbs The Gibbs Law Firm, APC

Re: Subpoena in an Adversary Proceeding

To a degree, I have to concur with attorneys Doan and Bravos. I'm currently defending a number of APs, and even as a bankruptcy attorney, the rules pertaining to evidence and procedure can at times be quite combersome. I applaud you for trying, but it would appear from your posts that opposing counsel is trying turn you in circles with procedure. You do not want to appear in Court and have to confess that you don't know or aren't clear on procedure and evidentiary rules. Bankruptcy Court judges take no mercy on pro se defendants or litigants. You are assumed by the Judge to know as much or more than your opposing counsel, and if you don't, you risk sanctions and other unpleasantries. I'm not trying to scare you, but you need to be aware that lack of knowledge of the law isn't going to work, and no attorney on these boards or otherwise is going to walk you through the rules of procedure and evidence - I can't speak for the other attorneys on the boards, but my knowledge of this information is how I make a living, and while I don't mind at all giving lots of general information to point people in the right direction, I'm not in a position to give away thousands of dollars in free legal advice. So that you know, the last "simple" adversarial proceding I defended ran about $10,000 in legal fees and costs.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 3/13/09, 4:32 pm


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