Form 2004 examination-2025

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The primary purpose of a Rule 2004 examination is to ascertain the extent and location of the debtors assets. Smart Code. Because of the potential value to the bankruptcy estate, many courts believe this warrants a fishing expedition.
A formal, fact gathering process provided for under Federal Rule of Bankruptcy Procedure Rule 2004 allowing any party in interest to a bankruptcy case to obtain discovery, for good cause shown, from any entity on motion.
2004-1: Rule 2004 Examination: Preliminary Discovery: Subpoena. 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.
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.
A Rule 2004 examination, while essentially a form of deposition, is an examination of any person or entity who may have knowledge pertinent to discovery of assets and it is used to examine transactions, as well as to determine whether wrongdoing has occurred. See In re Enron Corp., 281 B.R.
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It is similar to a deposition, sometimes requiring the production of documents. However, unlike a deposition, the witness who is the subject of a 2004 exam is not always entitled to attorney representation or cross-examination, and the right to object to questions is limited.
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 Debtors estate or to

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