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Bankruptcy Court Subpoenas: How They Differ from Federal Civil Subpoenas
March 21, 2024
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Key Differences
- Issuing Authority: Bankruptcy court subpoenas are issued under the authority of the federal bankruptcy courts, while federal civil subpoenas are issued under the authority of the district courts.
- Purpose: Bankruptcy court subpoenas are used to obtain information and documents related to a bankruptcy case, while civil subpoenas are used to obtain evidence for a civil lawsuit.
- Scope: Bankruptcy court subpoenas generally have a broader scope and can compel the production of more documents and information compared to civil subpoenas.
- Geographic Reach: Bankruptcy court subpoenas can typically be served nationwide, while civil subpoenas are usually limited to the state or district where the court is located.
- Enforcement: Failure to comply with a bankruptcy court subpoena can result in contempt of court charges, while enforcement of civil subpoenas is done through motions to compel and sanctions.