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.
Alabama Subpoena for Rule 2004 Examination - Post 2005 Act
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How to fill out Subpoena For Rule 2004 Examination - Post 2005 Act?
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(2) How served and returned. Service of the subpoena may be executed upon the witness either personally or by leaving a copy at the witness's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein.
1: Rule Examination: Preliminary Discovery: Subpoena. Authority to Take a Rule Exam: FRBP 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 Examination".
The purpose of Rule 2004 is to help a party in interest assess the nature and extent of the debtor's estate, reveal assets, examine transactions, and determine if wrongdoing, such as fraudulent conduct, may have occurred. Smart Code. The overall goal of a Rule 2004 examination is to benefit the estate.
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.
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. your debts and financial condition.
Under Rule 2004, the bankruptcy court can order testimony or production of documents from anyone with relevant information about the filer's finances. Rule 2004 exams and Section 341 meetings do have some things in common. Both proceedings take place under oath and are recorded.
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. For the worst-case scenarios, it may be sent to the AUSA (Assistant United States Attorney) for criminal prosecution.
Federal Rule of Bankruptcy Procedure 2004 allows for examination of the debtor (or any entity) relating 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.