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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.
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.
Federal Rule of Bankruptcy Procedure 2004 allows for examination of the debtor (or any entity) relating 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 the debtor's right to a discharge.
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.
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.
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.
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.