What happens at a 2004 examination?
A 2004 examination (authorized under Rule 2004 of the Federal Rules of Bankruptcy Procedure) works like a deposition. The witness is placed under oath and answers questions. A court reporter records and transcribes everything said. The witness might also be required to produce documents.
What is a Rule 2004 motion?
Basic Rule 2004 Provisions Under Rule 2004, the bankruptcy court may allow an examination on motion of “any party in interest.” Generally, the examination will be requested by the trustee, a creditor (and sometimes even the debtor), but any other person directly affected by the case may make a Rule 2004 motion.
Can an examination ordered under Rule 2004(a) be held outside the district?
Subdivision (c) is amended to clarify that an examination ordered under Rule 2004 (a) may be held outside the district in which the case is pending if the subpoena is issued by the court for the district in which the examination is to be held and is served in the manner provided in Rule 45 F. R. Civ. P., made applicable by Rule 9016.
When do dispositions occur in the period 2004-16?
For dispositions occurring during the period January through March 2004, see Rev. Rul. 2004-16, 2004-8 I.R.B. 503. For dispositions occurring during the period April through June 2004, see Rev. Rul. 2004-40, 2004-15 I.R.B. 716.
What is rule 2004 of the California Bankruptcy Act?
Rule 2004. Examination. An entity other than a debtor shall not be required to attend as a witness unless lawful mileage and witness fee for one day’s attendance shall be first tendered. If the debtor resides more than 100 miles from the place of examination when required to appear for an examination under this rule,…
Can a subpoena for a rule 2004 examination be issued?
In light of this procedure, a subpoena for a Rule 2004 examination is now properly issued from the court where the bankruptcy case is pending and by an attorney authorized to practice in that court, even if the examination is to occur in another district. ‹ Rule 2003. Meeting of Creditors or Equity Security Holders up Rule 2005.
