If you’re considering bankruptcy in Maryland, you may have heard the term “bankruptcy subpoena.” But what is it and how will it impact your case?
What is a bankruptcy subpoena?
A bankruptcy subpoena is a legal document that orders a person or business to appear in court to provide testimony, documents or other evidence related to a bankruptcy case. The purpose of a bankruptcy subpoena is to gather information that will help the court make decisions about a debtor’s assets, liabilities and ability to repay creditors.
How does it work?
You must comply with a bankruptcy subpoena once you receive it. This means appearing in court on the date and time specified and bringing any requested documents or other evidence with you. For failure to comply with a bankruptcy subpoena, you may be held in contempt of court. This could result in fines or even jail time.
Responding to a bankruptcy subpoena in Maryland
You can do several things to ensure that responding to the subpoena is as easy and stress-free as possible. They include:
- Reading the subpoena carefully and making sure you understand what it requires of you
- Contacting the attorney who issued the subpoena if you have any questions or concerns
- Gathering all of the documents and other evidence requested by the subpoena
- Making arrangements to appear in court on the date and time specified in the subpoena
Motion to quash or modify bankruptcy subpoena
If you have received a bankruptcy subpoena and would like to have it quashed or modified, you can file a motion with the court under certain conditions. These are:
- The subpoena is overly burdensome or requests documents not relevant to the case.
- The subpoena was issued in violation of the debtor’s rights.
- The subpoenaed person is unable to comply with the request due to financial hardship.
If you’re served with a bankruptcy subpoena, it is important to take it seriously. You won’t have anything to worry about if you respond as requested and submit everything the court asks.