A Motion for Rule 2004 Examination — Hearing is a legal request for discovery of documents and statements from a debtor or any other related person or entity. This motion is typically filed by a creditor and is used to collect information needed to determine if the debtor has any assets available to satisfy the debt. This motion is governed by Rule 2004 of the Federal Rules of Bankruptcy Procedure. There are two types of Motions for Rule 2004 Examination — Hearing: a Notice of Examination and a Subpoena Ducks Cecum. A Notice of Examination is used to request information from the debtor, such as the debtor's financial statements, bank account information, and any other documents related to their finances. A Subpoena Ducks Cecum is used to request documents from third parties, such as banks and creditors, and to compel them to testify regarding the debtor's financial information.
Motion for Rule 2004 examination - hearing
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How to fill out Motion For Rule 2004 Examination - Hearing?
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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
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.