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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.

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".

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.

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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Subpoena For Rule 2004 Examination. Download Form (pdf, 37.2540 ; Download Form (pdf version):. Bankruptcy Rule 2004 is a federal rule that states that "On motion of any party in interest, the court may order the examination of any entity. Notice to the person who issues or requests this subpoena. The rule 2004 exam is very much like a deposition. I, Michael A. Kaplan, being of full age, certify as follows:. The power to commence a Rule 2004 examination, commonly compared to a "fishing expedition," is not unchecked. Issuance of subpoenas, or both. B. Comparison with the Discovery under the Federal Rules of Civil Procedure.

Texas Subpoena For Rule 2004 Examination

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