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

This document is a subpoena issued by the United States Bankruptcy Court commanding a debtor to appear and testify, as well as to produce documents for inspection in accordance with Rule 2004 of the

How to fill out form 254 subpoena for

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

1. Obtain a copy of Form 254 - Subpoena for Rule 2004 Examination (12/06).
2. Fill out the header section with the court name, case number, and names of parties involved.
3. Specify the person or entity to be subpoenaed in the appropriate section.
4. Clearly state the documents or information required from the subpoenad party.
5. Include the date, time, and location for the examination.
6. Sign the form as the issuing party, usually an attorney or authorized representative.
7. Serve the completed subpoena to the person or entity mentioned.

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

1. Attorneys representing parties in a bankruptcy case or other legal matters who require information or examination from witnesses or entities.
2. Parties involved in litigation that need to gather evidence or testimony from others.

People Also Ask about

Is a rule 2004 examination a deposition?

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.

What is the scope of the rule 2004 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

Who can attend a rule 2004 examination?

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.

Is a rule 2004 examination a deposition?

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.

What happens after a 2004 examination?

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.

Who can attend a 2004 examination?

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.

What is the examination pending proceeding rule in 2004?

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

What is the rule 2004 exam subpoena?

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

For pdfFiller’s FAQs

What is Form 254 – Subpoena for Rule 2004 Examination (12/06)?

Form 254 is a legal document used to issue a subpoena for a Rule 2004 examination in bankruptcy proceedings, allowing the debtor or the trustee to examine witnesses or parties about the financial matters of the bankruptcy estate.

Who is required to file Form 254 – Subpoena for Rule 2004 Examination (12/06)?

The trustee, debtor, or a creditor with an interest in the bankruptcy case is generally required to file Form 254 to request an examination of individuals or entities that may have information relevant to the bankruptcy case.

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

To fill out Form 254, you need to provide the name and contact information of the party being subpoenaed, specify the scope of the examination, and include relevant dates and location for the examination. Ensure that all information is accurate and complete.

What is the purpose of Form 254 – Subpoena for Rule 2004 Examination (12/06)?

The purpose of Form 254 is to facilitate the examination of witnesses or parties who may have knowledge about the debtor's financial affairs, assets, or liabilities, ensuring transparency and accountability in bankruptcy proceedings.

What information must be reported on Form 254 – Subpoena for Rule 2004 Examination (12/06)?

Form 254 requires information such as the name and address of the person being subpoenaed, the details of the examination (including the time and place), the specific topics to be covered during the examination, and the names of the individuals or entities issuing the subpoena.