Rule 4002

Debtors Have to Show Up for 727 Trials: A Cautionary Tale

08/21/26

 A recent Fifth Circuit opinion brought back memories of a case I was involved with as a young lawyer. The lesson to be learned is that debtors are required to appear for a hearing on a complaint objecting to discharge regardless of whether they have been subpoenaed. Fed.R.Bankr.P. 4002(a)(2) requires a debtor to "attend the hearing on a complaint objecting to discharge and, if called, testify as a witness." In a recent Fifth Circuit opinion, Judge Edith Jones found that the debtor violated the rule but that it was harmless error.

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