Bankruptcy Rule Examination Form
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People also ask
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What is a debtor's examination?
If you need information about what the person or business who owes you money earns or owns, you can get a court order for them to come to court to answer questions (called a debtor's examination) about what they earn or own. You can use this information to try to collect the money owed to you.
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What is an order of examination?
If you don't pay what the judge said you owe, the other side can ask for a debtor's examination to learn what you own and where you work. They can ask the same about your spouse or registered domestic partner.
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What is a bankruptcy examination?
The examination of an entity under this rule or of the debtor under §343 of the Code 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 the debtor's right to a discharge.
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What is a rule 2004 examination deposition?
What Is a 2004 Examination of Debtor? Rule 2004 of the Federal Rules of Bankruptcy Procedure allows any "interested person" to require someone else to testify and produce documents on matters related to your bankruptcy.
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What is the rule 2004 exam in bankruptcy?
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".
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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.
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What is the liquidation test for bankruptcy?
The liquidation test requires that unsecured creditors (such as credit cards and medical bills) must be paid at least as much in a Chapter 13 bankruptcy plan as they would be paid in a Chapter 7 liquidation, minus any administrative or sales costs.
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