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Hear this out loud PauseIt 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. What Is a 2004 Examination in Bankruptcy? - Nolo Nolo ? legal-encyclopedia ? what-is-... Nolo ? legal-encyclopedia ? what-is-...
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.
The pending proceeding rule states that once a separate matter has been commenced (whether in an adversary proceeding, a contested matter, or in a non-bankruptcy forum), discovery should be made pursuant to the discovery rules applicable to the separate proceeding, and not through Rule 2004.
Hear this out loud PauseThe 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: Bankruptcy Discovery - Bloomberg Law bloomberglaw.com ? XCOIPIFC000000 ? b... bloomberglaw.com ? XCOIPIFC000000 ? b...
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.
Hear this out loud PauseAuthority 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". Rule 2004 Examination: Preliminary Discovery: Subpoena uscourts.gov ? the-central-guide ? rule-... uscourts.gov ? the-central-guide ? rule-...
Hear this out loud PauseYour creditors have 60 days from the date of your initial meeting of creditors to object to your discharge. If a creditor objects, the bankruptcy court must review the facts and decide the outcome. Completing the debtor education requirement. What Happens After Your Meeting of Creditors? - Nolo nolo.com ? legal-encyclopedia ? what-happ... nolo.com ? legal-encyclopedia ? what-happ...
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.