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.
Hawaii 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
Typical reasons for 2004 exam requests are to find out if the debtor is hiding assets, why the debtor transferred property out of their name before filing bankruptcy, or suspicious financial transactions were found when reviewing the debtors case. A 2004 examination is conducted like a deposition.
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. In re. Wash.
Authority 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.
Bankruptcy Rule 2004 Examinations conducted pursuant to Rule 2004 have often been characterized as ?fishing expeditions? because the scope is far ranging with limited protection for defending parties. Colliers on Bankruptcy §2004.01 (16th Ed.
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".
Under Rule 2004, the bankruptcy court can order testimony or production of documents from anyone with relevant information about the filer's finances.
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.
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.
Ordinarily, a party desiring a Rule 2004 examination first seeks authority from the court, then issues a notice of examination and/or requests for production of documents if examining a debtor or a subpoena for examination and/or documents if examining a third party.