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.
District of Columbia Subpoena for Rule 2004 Examination - Post 2005 Act
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US-BKR-1
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How to fill out Subpoena For Rule 2004 Examination - Post 2005 Act?
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FAQ
R. Bankr. P. 2004 provides a tool whereby a party in interest can obtain, with court permission, an examination of 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.? Fed.
Hear this out loud PauseIf 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.
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.
Hear this out loud PauseFederal 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.
Hear this out loud PauseAuthority to Take a Rule 2004 Exam: FRBP 2004 provides parties with the opportunity to conduct an examination of a person and/or documents, even though an adversary proceeding has not been filed.
A creditor of a partnership may file a proof of claim or writing evidencing a right to vote for the trustee for the estate of the general partner notwithstanding that a trustee for the estate of the partnership has previously qualified.
It is similar to a deposition, sometimes requiring the production of documents. However, unlike a deposition, the witness who is the subject of a 2004 exam is not always entitled to attorney representation or cross-examination, and the right to object to questions is limited.
Hear this out loud PauseRule 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.