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What is a rule 2004 examination?

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.

What is the rule 2004 request?

Creditors sometimes request Rule 2004 exams to find assets that arent protected by the bankruptcy or to determine whether theres any evidence that a debt isnt dischargeable in bankruptcy. . The debtor may also request a Rule 2004 exam to get more information about a debt.

What is the difference between an adversary proceeding and a contested matter?

An adversary proceeding begins with the filing of a complaint to initiate the proceeding. In contrast, a contested matter occurs within the bankruptcy case. A contested matter starts with a motion filed in the bankruptcy case itself.

What is the pending proceeding rule in Rule 2004?

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.

What is the local rule 5010?

REOPENING CASES. (a) Disclosure of payment or nonpayment of fees. Anyone filing a motion to reopen a bankruptcy case must disclose the payment or nonpayment of any fee owed in the original case, including any filing fee or administrative fee prescribed by 28 U.S.C.