Wyoming Subpoena For Rule 2004 Examination

State:
Wyoming
Control #:
WY-BKR-2540
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PDF
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Subpoena For Rule 2004 Examination

A Wyoming Subpoena For Rule 2004 Examination is a legal document that is issued by a court in the state of Wyoming to require a person or entity to appear in court to answer questions or to produce documents and other evidence. The Rule 2004 Examination is commonly used in civil litigation cases and requires the person or entity to submit to a deposition or provide documents and other evidence relevant to a case. There are two types of Wyoming Subpoena For Rule 2004 Examination: an on-site examination and an off-site examination. An on-site examination requires the person or entity to appear in court to answer questions or provide documents and other evidence. An off-site examination allows a party to provide documents and other evidence without having to appear in court.

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FAQ

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. This is called a "Rule 2004 Examination".

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.

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).

In bankruptcy cases involving minor errors in a rule 2004 exam may require an amendment to the petition for greater accuracy or less confusion. 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.

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.

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.

More info

Subpoena For Rule 2004 Examination. Download Form (pdf, 37.2540 ; Download Form (pdf version):. Bankruptcy Rule 2004 is a federal rule that states that "On motion of any party in interest, the court may order the examination of any entity. Notice to the person who issues or requests this subpoena. The rule 2004 exam is very much like a deposition. I, Michael A. Kaplan, being of full age, certify as follows:. The power to commence a Rule 2004 examination, commonly compared to a "fishing expedition," is not unchecked. Issuance of subpoenas, or both. B. Comparison with the Discovery under the Federal Rules of Civil Procedure.

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Wyoming Subpoena For Rule 2004 Examination