The North Carolina Subpoena for Rule 2004 Examination — Post 2005 Act is a legal process used in the state of North Carolina to gather information and evidence during bankruptcy proceedings. This subpoena, as allowed by Rule 2004 of the Federal Rules of Bankruptcy Procedure, is issued to a party or individual to compel their presence and provide relevant documents, records, or testimony in relation to a bankruptcy case. Under the Post 2005 Act, there are several types of North Carolina Subpoenas for Rule 2004 Examination that can be issued, depending on the specific requirements of the case: 1. Deposition Subpoena: This type of subpoena is issued to compel an individual or party to provide their testimony under oath. The individual may be required to appear at a designated location, typically a courthouse or attorney's office, where they will be examined by the party requesting the subpoena. 2. Document Subpoena: This subpoena is used to obtain specific documents or records relevant to the bankruptcy case. It can be issued to individuals, companies, or organizations, ordering them to produce requested documents within a specified timeframe. 3. Record Subpoena: Similar to a document subpoena, a record subpoena is used to request the production of specific records, such as financial statements, tax returns, or other relevant financial documents. The subpoenaed party is obligated to provide the requested records within the designated timeframe. 4. Expert Witness Subpoena: In certain cases, parties may require the testimony of expert witnesses. This type of subpoena is issued to compel these experts to provide their testimony and opinions regarding complex matters within their area of expertise. It is important to note that the issuance of a North Carolina Subpoena for Rule 2004 Examination should comply with the legal procedures and guidelines outlined under the Bankruptcy Code and the Federal Rules of Bankruptcy Procedure. The requesting party must have valid grounds and justification for the subpoena, ensuring they are relevant to the bankruptcy case and necessary for the resolution of the matter at hand. Overall, the North Carolina Subpoena for Rule 2004 Examination — Post 2005 Act is a powerful legal tool that allows parties involved in bankruptcy cases to obtain crucial information, documents, or testimony necessary for a fair resolution.
North Carolina Subpoena for Rule 2004 Examination - Post 2005 Act
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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".
In North Carolina, an attorney, magistrate, judge, or a clerk of court may issue subpoenas. You can obtain the subpoena for from the clerk of court. We recommend that you have the sheriff serve the subpoena. Although, there is a fee involved with that.
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.
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.
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.
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".