This form is a subpoena in a case under the Bankruptcy Code. The issuing officer must sign the form and proof of service is required.
Illinois Subpoena in a Case Under the Bankruptcy Code - B 256
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How to fill out Subpoena In A Case Under The Bankruptcy Code - B 256?
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FAQ
In Illinois, deposition subpoenas must be served on the deponent at least seven days before the date of the deposition, if the subpoena does not also seek documents from the non-party witness (Ill.
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.
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.
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.
Generally, a valid subpoena will: (1) State the name of the court or administrative body that issued it. (2) State the caption/title of the proceeding along with the case number. (3) Provide the witness with the information necessary to allow an adequate response.
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.
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".
To get a subpoena, go to the Circuit Clerk's office. Fill in: the case name and number; the name and address of the person being subpoenaed; and the date, time, and location of the court hearing where they're supposed to testify.