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In re Johnson

The chapter 7 trustee filed a motion for an order requiring the debtor to turnover property of the estate and for sequestration of property of the estate. The debtor filed a motion in limine asking the court to prohibit the trustee from using as evidence the testimony of the debtor's father elicited during an examination conducted pursuant to Fed. R. Bankr. P. 2004.
Ruling: 
Testimony of debtor's father at Rule 2004 hearing was not admissible in adversary proceeding.
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Consumer case opionion summary, case decided on July 23,2007, LexisNexis #1007-061

In re Kelley

Debtors, through their attorney, issued a subpoena to a creditor to obtain documents relating to a potential claim that the debtors might have had against the creditor regarding an alleged improper setoff of debtors'social security benefits. The creditor sought to quash the subpoena because it was issued without the debtors first obtaining a court order permitting them to examine the creditor.
Ruling: 
Subpoena from debtor's attorney to creditor quashed in absence of required examination.
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