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Subpoena for Rule 2004 Examination - Post 2005 Act

Orange California Subpoena for Rule 2004 Examination - Post 2005 Act

Name: Orange California Subpoena for Rule 2004 Examination - Post 2005 Act
Brand: US Legal Forms
Rating: 4.88 (405 reviews)

Category:

Bankruptcy - Adversary Proceedings

State:

Multi-State

County:

Orange

Control #:

US-BKR-1

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Description

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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How to fill out Orange California Subpoena For Rule 2004 Examination - Post 2005 Act?

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FAQ

Typically, a debtor is issued a Rule 2004 Examination by a trustee or a creditor in the case. It is a tool to find out more about your financial affairs. Often, the entity conducting the examination is investigating whether there are assets in the case or whether it is in their interest to file an adversary proceeding.

In light of this procedure, a subpoena for a Rule 2004 examination is now properly issued from the court where the bankruptcy case is pending and by an attorney authorized to practice in that court, even if the examination is to occur in another district.

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 2004 examination in bankruptcy is like a deposition that allows the trustee, creditor, or debtor to get more information about property, income, or possible fraud. By Baran Bulkat, Attorney. Most bankruptcy cases proceed without a hitch.

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.

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The rule gives the court and attorneys the ability to issue subpoenas to compel attendance of any person at the examination. (d) Subpoena for Taking Depositions—Place of Examination.Instructions on how to score your practice tests are also included. Consolidated. Appropriations. Act, 2005. Dec. The Trustee lacks cause for a Rule 2004 examination against PBGC. 1. I. Examination of Witnesses. Day-to-day practice of law for trial lawyers and trial judges. Each state decides what the plaintiff in a civil libel suit must prove and what defenses are available to the media. 2004), the court held that it doesn't matter if a guard is acting in the scope of their employment, as long as they are acting "under color of federal law.

Orange California Subpoena for Rule 2004 Examination - Post 2005 Act

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What is a Rule 2004 examination and when is such an examination commonly conducted?

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What is an Orange Subpoena for Rule 2004 Examination?

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