Montana Mont. LBF 15. MOTION FOR RULE 2004 EXAMINATION [MONT. LB 2004-1] is a motion to examine the 2004 rule that governs the practice of law in Montana. It outlines the procedure for filing a motion for examination and the potential outcomes of the process. The motion must be filed with the Montana Supreme Court and must include a written statement outlining the issues that are being challenged and why. The motion must also name any other parties who may be affected by the result of the examination. The Montana Supreme Court may then grant or deny the motion for examination or may refer it to the Montana State Bar for further proceedings. There are two types of motions for rule examination in Montana: one for the Montana Supreme Court and one for the Montana State Bar.
Montana Mont. LBF 15. MOTION FOR RULE 2004 EXAMINATION [MONT. LBR 2004-1]
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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.
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. This is called a "Rule 2004 Examination".
During a 2004 examination, the trustee or creditor can examine anyone that might have knowledge of the debtor's finances and request the debtor or a third party to produce documents for review.
In bankruptcy court disputed matters are either classified as ?contested matters? or ?adversary proceedings?. A contested matter commonly arises in disputed motions. Whereas adversary proceedings largely track traditional civil litigation (i.e., Complaint, Answer, Trial).
