What happens at a 2004 examination?

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.

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Motion for Rule 2004 examination - ex parte

Ex Parte

Name: Motion for Rule 2004 examination - ex parte
Brand: US Legal Forms
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Category:

Bankruptcy - Sample Pleadings

State:

Multi-State

Control #:

US-BK-0032

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Description Ex Parte Make

Motion for Rule 2004 examination - ex parte A Motion for Rule 2004 Examination — Ex Parte is a motion to the court requesting the authorization to take testimony from a party or witness without giving the other party notice or an opportunity to be present for the examination. This type of motion is typically used when the party or witness is unwilling to appear for a deposition and the requesting party believes that the examination would produce relevant evidence. There are two types of Motion for Rule 2004 Examination — Ex Parte: (1) Motion for Examination of Witness (2) Motion for Examination of Party. The Motion for Examination of Witness is used when the requesting party is attempting to take testimony from a witness, and the Motion for Examination of Party is used when the requesting party is attempting to take testimony from a party to the action.

A Motion for Rule 2004 Examination — Ex Parte is a motion to the court requesting the authorization to take testimony from a party or witness without giving the other party notice or an opportunity to be present for the examination. This type of motion is typically used when the party or witness is unwilling to appear for a deposition and the requesting party believes that the examination would produce relevant evidence. There are two types of Motion for Rule 2004 Examination — Ex Parte: (1) Motion for Examination of Witness (2) Motion for Examination of Party. The Motion for Examination of Witness is used when the requesting party is attempting to take testimony from a witness, and the Motion for Examination of Party is used when the requesting party is attempting to take testimony from a party to the action.

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Motion Ex Sample FAQ

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.

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".

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).

An adversary proceeding is the bankruptcy court's version of a civil action (a lawsuit). An adversary proceeding is opened by filing a complaint asking the court to rule on an issue related to a bankruptcy case.

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Local Rule 20041 provides examinations may be scheduled upon notice filed with the Court. It specifies the manner of moving for an examination.The motion may be heard ex parte or it may be heard on notice. 1997) ("Rule 2004 motions are generally granted ex parte, as was the case here, without the advance notice required to be given in a contested matter. MOTION FOR ORDER AUTHORIZING. Any action may be venued, commenced, and decided in any court in any county. The United States Trustee's Ex Parte Motion for Examination Pursuant to. Quickly find the rule you need from the full index of the Federal Rules of Bankruptcy Procedure, 2021 Official Edition. The scope of a Rule 2004 examination is much broader than discovery under the Federal Rules of. (d) Schedule and Duration; Motion to Terminate or Limit Examination.

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Motion Ex Sample FAQ

What happens at a 2004 examination?

What is the rule 2004 exam motion?

What is the difference between a contested matter and an adversary proceeding?

What are the action of an adversary?

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