This form is a subpoena for a Rule 2004 examination. The form lists: the place of the testimony, the date, the time, and the signature of the issuing officer.
Guam Subpoena for Rule 2004 Examination - Post 2005 Act
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US-BKR-1
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How to fill out Subpoena For Rule 2004 Examination - Post 2005 Act?
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FAQ
Under Rule 2004, the bankruptcy court can order testimony or production of documents from anyone with relevant information about the filer's finances.
In a Rule 2004 exam, the trustee can examine virtually anyone who might have information regarding the debtor's finances, property, schedules, plan of reorganization, or ability to pay debts.
Rule 2004 of the Federal Rules of Bankruptcy Procedure allows any "interested person" to require someone else to testify and produce documents on matters related to your bankruptcy. The 2004 Exam can cover a broad range of issues, including: your actions, conduct or property. your debts and financial condition.
Ordinarily, a party desiring a Rule 2004 examination first seeks authority from the court, then issues a notice of examination and/or requests for production of documents if examining a debtor or a subpoena for examination and/or documents if examining a third party.
Authority to Take a Rule 2004 Exam: FRBP 2004 provides parties with the opportunity to conduct an examination of a person and/or documents, even though an adversary proceeding has not been filed.
The pending proceeding rule states that once a separate matter has been commenced (whether in an adversary proceeding, a contested matter, or in a non-bankruptcy forum), discovery should be made pursuant to the discovery rules applicable to the separate proceeding, and not through Rule 2004. In re. Wash.
While your bankruptcy case is pending, any person or entity with an interest in your bankruptcy can request an opportunity to investigate matters related to your bankruptcy using a 2004 examination.