Subpoena for Rule 2004 Examination - B 254

State:
Multi-State
Control #:
US-B-254
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PDF; 
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Description Subpoena Rule B

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.

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Subpoena B Other Form Names

Rule Examination   Subpoena Person Place   Subpoena Person Party   Rule 2004 Examination   Subpoena Rule Sample   Subpoena Rule Form   Subpoena B Document  

Subpoena 2004 Examination FAQ

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.

Under Rule 2004, the bankruptcy court may allow an examination on motion of "any party in interest." Generally, the examination will be requested by the trustee, a creditor (and sometimes even the debtor), but any other person directly affected by the case may make a Rule 2004 motion.

Collecting a Judgment.Collecting a judgment can be just as challenging as winning the lawsuit in some cases. If the defendant has stable finances, they should pay the judgment uneventfully. If the defendant is going through financial difficulties, on the other hand, you may need to force them to pay you.

The main ways to legally avoid appearing at a debtor examination are to pay off the debt or reach a settlement with the creditor that provides a way for paying back the debt. You also may be able to avoid the examination by filing for bankruptcy, which will trigger an automatic stay of collection efforts.

A 2004 examination (authorized under Rule 2004 of the Federal Rules of Bankruptcy Procedure) works like a deposition. The witness is placed under oath and answers questions. A court reporter records and transcribes everything said. The witness might also be required to produce documents.

In order to vacate a judgment in California, You must file a motion with the court asking the judge to vacate or set aside the judgment. Among other things, you must tell the judge why you did not respond to the lawsuit (this can be done by written declaration).

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Subpoena for Rule 2004 Examination - B 254