My brother will be filing Chapter 7, sometime in January 2010.
He has a civil judgment filed against him for 90k due to a failed business partnership venture. He is awaiting several others.
He currently has no assets...BK attorney said definitely Chapter 7.
He is self employed... but barely due to the economy. Currently makes about $1,300.00 month.
His house is in Foreclosure...sale date December 17, pending an Obama Trial Plan Modification per the Judge.
The case above was closed August 2009 and a judgment was entered against the partners, individually.
Now he's received a Subpeona Duces Tecum for deposition in aid of Execution.
Will he need to attend this deposition, or can he just notify the requesting party of his Bankruptcy proceeding?
The only thing that I can find, basically says that if you don't attend then you may be in contempt of court, which is what is on the Subpoena as well.
Also, in the Florida Rules Civil Procedure, it does refer to matters "pending" before the court. So, I'm wondering, since this is not a motion....and the case is closed....then, if he doesn't attend, they would have to petition the court to reopen the case, which would buy a little more time to get the BK filed.
He has a civil judgment filed against him for 90k due to a failed business partnership venture. He is awaiting several others.
He currently has no assets...BK attorney said definitely Chapter 7.
He is self employed... but barely due to the economy. Currently makes about $1,300.00 month.
His house is in Foreclosure...sale date December 17, pending an Obama Trial Plan Modification per the Judge.
The case above was closed August 2009 and a judgment was entered against the partners, individually.
Now he's received a Subpeona Duces Tecum for deposition in aid of Execution.
Will he need to attend this deposition, or can he just notify the requesting party of his Bankruptcy proceeding?
The only thing that I can find, basically says that if you don't attend then you may be in contempt of court, which is what is on the Subpoena as well.
Also, in the Florida Rules Civil Procedure, it does refer to matters "pending" before the court. So, I'm wondering, since this is not a motion....and the case is closed....then, if he doesn't attend, they would have to petition the court to reopen the case, which would buy a little more time to get the BK filed.
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