How is the Bankruptcy Rule 2004 exam carried out?

How is the Bankruptcy Rule 2004 exam carried out?

Like a proceeding in court or a deposition, the examination is done under oath and carried out in the presence of a court reporter. The information obtained during the examination can later be used in court just as a deposition could. The scope of Rule 2004 is almost as broad as the list of people who can be called.

Who is not required to attend a bankruptcy examination?

Rule 2004. Examination. An entity other than a debtor shall not be required to attend as a witness unless lawful mileage and witness fee for one day’s attendance shall be first tendered. If the debtor resides more than 100 miles from the place of examination when required to appear for an examination under this rule,…

Who is entitled to an examination under Rule 2004?

Rule 2004 states: “On motion of any party in interest, the court may order the examination of any entity.”. That’s quite a broad pronouncement. Any party in interest – anyone who has a legitimate interest in the case – can file a motion asking the court to order any entity to submit to an examination.

Can a subpoena be issued for a rule 2004 examination?

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.

What are the Federal Rules of bankruptcy procedure?

Rule 2004. Examination | Federal Rules of Bankruptcy Procedure | US Law | LII / Legal Information Institute Rule 2004. Examination (a) Examination on Motion. On motion of any party in interest, the court may order the examination of any entity. (b) Scope of Examination.

Can a bankruptcy examination be held outside the district?

Subdivision (c) is amended to clarify that an examination ordered under Rule 2004 (a) may be held outside the district in which the case is pending if the subpoena is issued by the court for the district in which the examination is to be held and is served in the manner provided in Rule 45 F. R. Civ. P., made applicable by Rule 9016.

What is the scope of examination under the Bankruptcy Code?

(b) Scope of Examination. The examination of an entity under this rule or of the debtor under §343 of the Code may relate only to the acts, conduct, or property or to the liabilities and financial condition of the debtor, or to any matter which may affect the administration of the debtor’s estate, or to the debtor’s right to a discharge.

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