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.
Missouri 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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FAQ
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.
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.
Rule 2004 says that any ?party in interest? can request a Rule 2004 exam. This interested party could be you (the debtor), your trustee, one of your creditors, or any other person or company that might be affected by your bankruptcy.
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.
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.
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.
A subpoena shall be issued by the clerk under the seal of the court. It shall state the name of the court and the title of the proceedings and shall command each person to whom it is directed to attend and give testimony at the time and place specified therein.