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Subpoena in an Adversary Proceeding - United States Bankruptcy ... 2026

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The document is a Form 255 Subpoena used in an adversary proceeding within the United States Bankruptcy Court. It commands individuals or organizations to appear for testimony, depositions, or to produce documents related to a bankruptcy case. The form outlines the requirements for compliance, including protections for those subpoenaed, and details the responsibilities of both the issuing party and the recipient regarding objections and privileges. It also includes provisions for proof of service and consequences for non-compliance.

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Click ‘Get Form’ to open the Subpoena in an Adversary Proceeding in our editor.
Begin by filling in the debtor's name and case number at the top of the form. Ensure accuracy as this information is crucial for identification.
In the 'To:' section, specify the individual or organization being subpoenaed. Clearly indicate their name and address for proper service.
Complete the sections detailing where and when the testimony or deposition will take place. Include specific dates, times, and locations to avoid confusion.
If documents are required, list them clearly under 'You are commanded to produce...' This ensures that all necessary materials are prepared for inspection.
Fill out the issuing officer's signature, title, and contact information at the bottom of the form. This legitimizes your subpoena.
Finally, review all entries for accuracy before saving or exporting your completed document from our platform.

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Versions	Form popularity	Fillable & printable
2013	4.9 Satisfied (450 Votes)
2007	4 Satisfied (44 Votes)
2006	4.4 Satisfied (159 Votes)

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Which rules govern the issuance of a subpoena in a bankruptcy proceeding?

FRBP 9016 indicates that FRCP Rule 45 applies to subpoenas. FRCP Rule 45 provides the procedure for obtaining and serving a subpoena. FRBP 7028 provides instructions for taking a deposition within and adversary proceeding or within a contested matter.

What is the rule 7004 in bankruptcy?

A defendant must serve an answer to a complaint within 30 days after the summons was issued, unless the court sets a different time. (2) Answer to a Complaint Served by Publication or on a Party in a Foreign Country .

How long do you have to respond to an adversary complaint in bankruptcy?

A defendant must serve an answer to a complaint within 30 days after the summons was issued, unless the court sets a different time.

What is the rule 9016 of the federal rules of bankruptcy procedure?

limits the subpoena power to the judicial district and places outside the district which are within 100 miles of the place of trial or hearing.

What is the rule 7012 of the Federal Rules of Bankruptcy Procedure?

Any person who is at least 18 years old and not a party may serve a subpoena. Serving a subpoena requires delivering a copy to the named person and, if the subpoena requires that persons attendance, tendering the fees for 1 days attendance and the mileage allowed by law.

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What does Rule 45 mean?

Under current Rule 7004, an entity may serve a summons and complaint upon the debtor by personal service or by mail. If the entity chooses to serve the debtor by mail, it must also serve a copy of the summons and complaint on the debtors attorney by mail.

Subpoena in an Adversary Proceeding - United States Bankruptcy ... 2026

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