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Get the free Form 254 – Subpoena for Rule 2004 Examination (12/06) - flmb uscourts

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This document is a subpoena issued by the U.S. Bankruptcy Court for a Rule 2004 examination, commanding an individual to appear and testify and to produce certain documents related to a bankruptcy
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How to fill out form 254 subpoena for

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How to fill out Form 254 – Subpoena for Rule 2004 Examination (12/06)

01
Obtain a copy of Form 254 from the relevant court or legal website.
02
Fill in the title of the case at the top of the form.
03
Insert the names of the parties involved in the case.
04
Provide the name and address of the person or entity to whom the subpoena is directed.
05
Specify the date, time, and place for the examination to take place.
06
List the documents or information requested for the examination, if applicable.
07
Sign and date the form to certify its accuracy.
08
File the completed Form 254 with the court and serve copies to the involved parties.

Who needs Form 254 – Subpoena for Rule 2004 Examination (12/06)?

01
Creditors seeking to examine assets or liabilities of a debtor.
02
Trustees in bankruptcy cases who require information from a debtor.
03
Parties involved in legal disputes needing testimony or documents from non-parties.
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People Also Ask about

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 Debtor's estate or to
Unlike a 341 meeting, a Rule 2004 exam isn't limited to the debtor, trustee, and creditors. Under Rule 2004, the bankruptcy court can order testimony or production of documents from anyone with relevant information about the filer's finances.
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.
If the case has major errors, the Trustee may deny a discharge, need to convert from Chapter 7 to Chapter 13, or may file for a dismissal. For the worst-case scenarios, it may be sent to the AUSA (Assistant United States Attorney) for criminal prosecution.
Any party in interest who wishes to attend an examination scheduled under this rule may do so by filing and serving a cross-notice of examination at least 14 days in advance of the scheduled examination.
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
P., an attorney may issue and sign a subpoena on behalf of the court for the district in which a Rule 2004 examination is to be held if the attorney is authorized to practice, even if admitted pro hac vice, either in the court in which the case is pending or in the court for the district in which the examination is to

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Form 254 is a legal document used to issue a subpoena for a Rule 2004 examination, which allows a debtor or creditor to require the attendance and testimony of a party or individual in a bankruptcy proceeding.
Any party in a bankruptcy case who wishes to compel a witness to attend a Rule 2004 examination is required to file Form 254.
To fill out Form 254, provide the court's name and address, specify the case name and number, fill in the details of the person being subpoenaed, include the date, time, and location of the examination, and sign the form.
The purpose of Form 254 is to ensure compliance with requests for testimony and document production in relation to the financial affairs of a bankruptcy estate.
Form 254 must report the name and contact information of the issuing party, the name of the person subpoenaed, the examination details (date, time, and place), and any documents or materials required for the examination.
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