What is a 2004 examination in bankruptcy?

A bankruptcy Rule 2004 exam is a deeper investigation into a creditor’s finances in the event that there are concerns about anything in the case. The trustee or any creditor can request a Rule 2004 exam for a variety of reasons, including suspicious financial activity or signs of hidden assets.

What is a request for notice in bankruptcy?

A Notice of Appearance and Requests for Notices is a pleading filed in a bankruptcy case by an attorney indicating that they are representing the particular party (frequently creditor) in the bankruptcy case. For some creditors, this can be beneficial as there might otherwise not be a clear point of contact.

What is a Rule 2004 motion?

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. any issue that relates to your bankruptcy assets or Chapter 13 plan, and. any matter that affects your right to a discharge.

What is the 2004 rule of bankruptcy procedure?

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.

How to request a 2004 examination in bankruptcy?

All parties in interest (those with a stake in the bankruptcy) have a right to request a 2004 examination. In most cases, a 2004 examination will be requested by the trustee, a creditor, or the debtor. The requesting party must file a motion with the court and explain the reasons why it needs to conduct a 2004 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.

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.

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.

Is there an exception to discovery under Bankruptcy Rule 2004?

An exception to the broad scope of discovery under Bankruptcy Rule 2004 is the “pending proceeding rule.”