Rule 2004 — Examinations

Fed. R. Bankr. P. 2004

• Source: Federal Rules of Bankruptcy Procedure
• Rule: 2004
• PART X: [ABROGATED]
• Citation: Fed. R. Bankr. P. 2004

Text

(a) IN GENERAL. On a party in interest’s motion, the court may
order the examination of any entity.
(b) SCOPEOFTHEEXAMINATION.
(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 ac-
quired 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 formulat-
ing a plan.
(c) COMPELLING ATTENDANCE AND THE PRODUCTION OF DOCUMENTS
OR ELECTRONICALLY STORED INFORMATION. Regardless of the dis-
trict 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 exam-
ined under this Rule 2004 at any designated time and place, in or
outside the district.
(e) WITNESSFEESANDMILEAGE.
(1) For a Nondebtor Witness. An entity, except the debtor,
may be required to attend as a witness only if the lawful mile-
age 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 resi-
dence 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.

Advisory Committee Notes

(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.)