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When the Trustee Gets Subpoenaed

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By Karin N. Amyx, Staff Attorney to Chapter 13 Trustee Carl Davis (Wichita, KS)

Trustees possess a variety of sensitive information that could be useful to litigants in contract disputes, divorce and child custody matters, insurance litigation or criminal prosecution. Additionally, debtors, creditors or third parties may be interested in the trustee’s internal operating procedures or legal position on disputes pending in bankruptcy court or other forums. Trustees can certainly be subpoenaed but are there limits on issuance and compliance? Does the Barton Doctrine apply? What are the options when a trustee gets subpoenaed?

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