In re Cochonor
Mar
29
2010
Ruling
Motion to dismiss for debtor's failure to respond to examination questions denied as highly prejudicial to debtor and not supported by trustee.
Procedural posture
An attorney named as a witness moved to quash the subpoena pursuant to Fed. R. Civ. P. 45(c)(3)(A)(ii) and 45(c)(3)(B)(iii). Some creditors filed a motion to dismiss the debtor's case, based upon the debtor's refusal to respond to their questions in his Fed. R. Bankr. P. 2004 examinations and before the court, which was due to his exercise of the U.S. Const. amend. V right to remain silent.
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Court
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