A Subpoena For Rule 2004 Examination is a court order requiring an individual or entity to appear in court to provide testimony, documents, and other evidence for use in legal proceedings. It can be issued by a judge or a magistrate. The Rule 2004 Examination, also known as a "Rule 2004 Deposition," is a method of obtaining information for use in a legal proceeding. It is conducted outside the presence of a judge, and the information obtained can be used as evidence in court. There are two types of Rule 2004 Examinations: 1) A Rule 2004 Examination to Compel Production of Documents or Things; and 2) A Rule 2004 Examination to Take Testimony. The former requires a person or entity to produce relevant documents, records, or other physical evidence, while the latter requires the individual or entity to answer questions under oath.
Subpoena For Rule 2004 Examination
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FAQ
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.
If a debtor fails to keep up with payments under their repayment plan in a Chapter 13 bankruptcy, the bankruptcy trustee may file a motion to dismiss their case. This means that their debts would not be discharged because the case would be considered unsuccessful.
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".
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.
In bankruptcy court disputed matters are either classified as ?contested matters? or ?adversary proceedings?. A contested matter commonly arises in disputed motions. Whereas adversary proceedings largely track traditional civil litigation (i.e., Complaint, Answer, Trial).
During a 2004 examination, the trustee or creditor can examine anyone that might have knowledge of the debtor's finances and request the debtor or a third party to produce documents for review.