Who is entitled to an examination under Rule 2004?

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.

What does a 2004 examination in bankruptcy cover?

What Is a 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:

Can a 2004 exam be used in a nondischargeablity?

If an adversary proceeding, such as a nondischargeablity complaint, has been filed, then a 2004 Exam can no longer be used to get information from the people involved in that proceeding. Instead, the parties must resort to the normal federal discovery rules.

When does the examination of debtor and others rule apply?

EXAMINATION OF DEBTOR AND OTHERS (a) This Rule Does Not Apply in Adversary Proceedings and Contested Matters. This rule applies only to examinations conducted pursuant to Fed. R. Bankr. P. 2004. The rules governing discovery in adversary proceedings and contested matters are set forth in Part VII of

When to use the pending proceeding rule 2004?

When a court is faced with a motion for 2004 examination and there is a pending adversary proceeding, the court must balance the abuses sought to be avoided by the “pending proceeding” rule against the trustee’s fiduciary duty to maximize value for the estate.

Can a creditor request a 2004 trustee exam?

In a Rule 2004 exam, the trustee can examine virtually anybody who might have any knowledge of anything touching the debtor’s finances, property, schedules, plan of reorganization, or ability to pay debts. A trustee or creditor may request a 2004 exam for any of the following reason:

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.

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