An Order authorizing Rule 2004 examination — nondebtor witness is a legal document issued by a court in order to allow a creditor to examine a witness who is not a debtor in the case. This type of order is commonly used in bankruptcy proceedings. It allows the creditor to obtain information from the witness that is relevant to the case. The order will specify the type of information the creditor may request from the witness, the date and time of the examination, and the place where the examination should take place. There are two types of Order authorizing Rule 2004 examination — nondebtor witness: (1) An Order authorizing Rule 2004 examination — nondebtor witness (personal) and (2) An Order authorizing Rule 2004 examination — nondebtor witness (corporate). The personal order applies to individuals, while the corporate order applies to entities such as corporations, trusts, or other legal entities.
Order authorizing Rule 2004 examination - nondebtor witness
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FAQ
If a debtor fails to keep up with payments under their repayment plan in a Chapter 13 bankruptcy, the bankruptcy trustee may file a motion to dismiss their case. This means that their debts would not be discharged because the case would be considered unsuccessful.
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).
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.
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.
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.
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".
