How do I request a 2004 exam?

A 2004 exam is not automatic. The person has to request it by filing a motion with the bankruptcy court and must have "just cause" (meaning, a good reason related to that person's claim) for requesting it. A creditor cannot use a 2004 Exam simply to harass or abuse you.

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New York Order on Rule 2004 Application

New York Order on Rule 2004 Application

Name: New York Order on Rule 2004 Application
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.69 (250 reviews)

Category:

New York Bankruptcy - Official - Southern District

State:

New York

Control #:

NY-BKR-361S

Format:

Instant download

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Description

Order on Rule 2004 Application New York Order on Rule 2004 Application is a court order providing permission to examine the records and assets of an entity or person. It is commonly used to obtain information in order to investigate fraud or other financial crimes. The order is issued by the court and is granted to a person or entity that has a legitimate reason for obtaining the records. The three types of New York Order on Rule 2004 Application are: 1. Examination of Entity or Person: This type of order allows a third party to examine the records and assets of an entity or person in order to investigate fraud or other financial crimes. 2. Inspection of Entity or Person: This type of order allows a third party to inspect the records and assets of an entity or person in order to investigate fraud or other financial crimes. 3. Subpoena of Entity or Person: This type of order allows a third party to subpoena the records and assets of an entity or person in order to investigate fraud or other financial crimes.

New York Order on Rule 2004 Application is a court order providing permission to examine the records and assets of an entity or person. It is commonly used to obtain information in order to investigate fraud or other financial crimes. The order is issued by the court and is granted to a person or entity that has a legitimate reason for obtaining the records. The three types of New York Order on Rule 2004 Application are: 1. Examination of Entity or Person: This type of order allows a third party to examine the records and assets of an entity or person in order to investigate fraud or other financial crimes. 2. Inspection of Entity or Person: This type of order allows a third party to inspect the records and assets of an entity or person in order to investigate fraud or other financial crimes. 3. Subpoena of Entity or Person: This type of order allows a third party to subpoena the records and assets of an entity or person in order to investigate fraud or other financial crimes.

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FAQ

Bankruptcy Rule 2004 provides that ?the court may order the examination of any entity? and that the scope of such examination ?may relate only 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

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".

A 2004 exam is not automatic. The person has to request it by filing a motion with the bankruptcy court and must have "just cause" (meaning, a good reason related to that person's claim) for requesting it. A creditor cannot use a 2004 Exam simply to harass or abuse you.

In bankruptcy cases involving minor errors in a rule 2004 exam may require an amendment to the petition for greater accuracy or less confusion. 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.

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Different rules apply in adversary proceedings. A court order is not necessary to authorize this kind of examination or to require production of.(a) Examination on Motion. On motion of any party in interest, the court may order the examination of any entity. A bankruptcy Rule 2004 exam is a deeper investigation into a creditor's finances if there are concerns about anything in the case. If the court grants the motion, it will then issue an order, directing you or another witness to appear for questioning at a certain date and time. 11 USC App, FEDERAL RULES OF BANKRUPTCY PROCEDURE, BANKRUPTCY RULES, PART I: COMMENCEMENT OF CASE; PROCEEDINGS RELATING TO PETITION AND ORDER FOR RELIEF. How do those principles apply here? For starters, this Court has jurisdiction to order Rule 2004 discovery post-confirmation. THE EXAMINER TO CONDUCT RULE 2004 EXAMINATIONS.

New York Order on Rule 2004 Application

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