Tips and Traps: Issuing A Subpoena for Bank Records

By Beverly M. Burden, Chapter 13 Trustee (Lexington, KY)

I recently had to issue subpoenas to banks to get the records of a non-debtor (long story involving an attorney’s mishandling of escrowed funds held on behalf of a chapter 13 debtor).

Here are some tips for others like me who do not often need to use subpoenas. These tips apply after you have identified the banks whose records you wish to obtain.

Make sure there is a legal basis for requesting bank records (e.g., a contested matter or adversary proceeding). Read Rules 2004 . . .

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