Examinations

U.S Code last checked for updates: Jan 30, 2025

Rule 2004.

Examinations

(a)

In General.

On a party in interest’s motion, the court may order the examination of any entity.

(b)

Scope of the Examination.

(1)

In General. The examination of an entity under this Rule 2004, or of a debtor under § 343, may relate only to:

(A)

the debtor’s acts, conduct, or property;

(B)

the debtor’s liabilities and financial condition;

(C)

any matter that may affect the administration of the debtor’s estate; or

(D)

the debtor’s right to a discharge.

(2)

Other Topics in Certain Cases. In a Chapter 12 or 13 case, or in a Chapter 11 case that is not a railroad reorganization, the examination may also relate to:

(A)

the operation of any business and the desirability of its continuing;

(B)

the source of any money or property the debtor acquired or will acquire for the purpose of consummating a plan and the consideration given or offered; and

(C)

any other matter relevant to the case or to formulating a plan.

(c)

Compelling Attendance and the Production of Documents or Electronically Stored Information.

Regardless of the district where the examination will be conducted, an entity may be compelled under Rule 9016 to attend and produce documents or electronically stored information. An attorney may issue and sign a subpoena on behalf of the court where the case is pending if the attorney is admitted to practice in that court.

(d)

Time and Place to Examine the Debtor.

The court may, for cause and on terms it may impose, order the debtor to be examined under this Rule 2004 at any designated time and place, in or outside the district.

(e)

Witness Fees and Mileage.

(1)

For a Nondebtor Witness. An entity, except the debtor, may be required to attend as a witness only if the lawful mileage and witness fee for 1 day’s attendance are first tendered.

(2)

For a Debtor Witness. A debtor who is required to appear for examination more than 100 miles from the debtor’s residence must be tendered a mileage fee. The fee need cover only the distance exceeding 100 miles from the nearer of where the debtor resides:

(A)

when the first petition was filed; or

(B)

when the examination takes place.

(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 29, 2002, eff. Dec. 1, 2002; Apr. 27, 2020, eff. Dec. 1, 2020; Apr. 2, 2024, eff. Dec. 1, 2024.)