Motion for Rule 2004 examination - ex parte
Definition and meaning
A Motion for Rule 2004 Examination - Ex Parte is a formal request made to a bankruptcy court seeking permission to conduct an examination of a debtor or third party without notifying all interested parties. This examination is typically aimed at gathering information regarding the debtor's financial affairs, assets, liabilities, and overall financial situation as outlined in Federal Rule of Bankruptcy Procedure 2004.
Key components of the form
The form consists of several important sections that must be filled out accurately:
- Movant Information: Details about the person requesting the examination.
- Debtor Information: Information about the individual or entity being examined.
- Examination Purpose: A clear explanation of the reasons for the examination, specifying the topics of inquiry.
- Proposed Examination Date: The date and time when the examination is intended to occur, if applicable.
How to complete a form
To complete the Motion for Rule 2004 Examination - Ex Parte, follow these steps:
- Identify the Movant: Fill in your name, address, and contact information.
- Provide Debtor Information: Include the name and address of the debtor or party to be examined.
- State the Purpose: Clearly articulate the reasons for the examination, referencing specific financial matters.
- Specify Date and Location: If applicable, indicate the scheduled date and time for the examination.
- Signature: Sign and date the motion, including your attorney information if represented.
Common mistakes to avoid when using this form
Some frequent errors to keep in mind include:
- Failing to accurately state the purpose of the examination, which can lead to denial of the motion.
- Not providing correct identifying information for the debtor.
- Missing the signature or attorney information on the form.
- Submitting the form without proper documentation or accompanying exhibits, if required.
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FAQ
An adversary proceeding is the bankruptcy court's version of a civil action (a lawsuit). An adversary proceeding is opened by filing a complaint asking the court to rule on an issue related to a bankruptcy case.
In bankruptcy court disputed matters are either classified as ?contested matters? or ?adversary proceedings?. A contested matter commonly arises in disputed motions. Whereas adversary proceedings largely track traditional civil litigation (i.e., Complaint, Answer, Trial).
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".
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.