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

 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. In a case I was involved with, the court was prepared to deny the discharge based on failure to appear.  The Fifth Circuit case is Black v. Triplett (In re Triplett), Case No. 25-40520 (5th Cir. 8/6/26), which can be found here.