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.
New York Subpoena for Rule 2004 Examination - Post 2005 Act
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How to fill out Subpoena For Rule 2004 Examination - Post 2005 Act?
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FAQ
Bankruptcy Rule 2004 Examinations conducted pursuant to Rule 2004 have often been characterized as ?fishing expeditions? because the scope is far ranging with limited protection for defending parties. Colliers on Bankruptcy §2004.01 (16th Ed.
It is similar to a deposition, sometimes requiring the production of documents. However, unlike a deposition, the witness who is the subject of a 2004 exam is not always entitled to attorney representation or cross-examination, and the right to object to questions is limited.
The purpose of Rule 2004 is to help a party in interest assess the nature and extent of the debtor's estate, reveal assets, examine transactions, and determine if wrongdoing, such as fraudulent conduct, may have occurred. Smart Code. The overall goal of a Rule 2004 examination is to benefit the estate.
If the case has major errors, the Trustee may deny a discharge, need to convert from Chapter 7 to Chapter 13, or may file for a dismissal. For the worst-case scenarios, it may be sent to the AUSA (Assistant United States Attorney) for criminal prosecution.
Under Rule 2004, the bankruptcy court can order testimony or production of documents from anyone with relevant information about the filer's finances. Rule 2004 exams and Section 341 meetings do have some things in common. Both proceedings take place under oath and are recorded.
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. This is called a "Rule 2004 Examination".
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.