First Nationwide Bank v. Shur (In Re Shur)

Decision on Motion Seeking Contempt for Failure to Obey Subpoena

MARVIN A. HOLLAND, Bankruptcy Judge:

Plaintiff, First Nationwide Bank, moves pursuant to Rule 45(b)(1) of the Federal Rules of Civil Procedure (hereinafter, “Rule 45”), Fed.R.Bankr.P. 9016, 11 U.S.C. § 105 and the All Writs Act, 28 U.S.C. § 1651(a), to hold Robert Wolf (hereinafter, ‘Wolf’), a non-party to this adversary proceeding, in contempt or, in the alternative, to compel him to comply with a subpoena. The issue to be addressed is whether service of a subpoena on a non-party individual must be accomplished by personal…