Rule 2005 — Apprehending and Removing a Debtor for Examination

Fed. R. Bankr. P. 2005

• Source: Federal Rules of Bankruptcy Procedure
• Rule: 2005
• PART X: [ABROGATED]
• Citation: Fed. R. Bankr. P. 2005

Text

(a) COMPELLINGTHEDEBTOR’SATTENDANCE.
(1) Order to Apprehend the Debtor. On a party in interest’s
motion supported by an affidavit, the court may order a mar-
shal, or other official authorized by law, to bring the debtor
before the court without unnecessary delay. The affidavit
must allege that:
(A) the examination is necessary to properly administer
the estate, and there is reasonable cause to believe that
the debtor is about to leave or has left the debtor’s resi-
dence or principal place of business to avoid the examina-
tion;
(B) the debtor has evaded service of a subpoena or an
order to attend the examination; or
(C) the debtor has willfully disobeyed a duly served sub-
poena or order to attend the examination.
(2) Ordering an Immediate Examination. If, after hearing, the
court finds the allegations to be true, it must:
(A) order the immediate examination of the debtor; and
(B) if necessary, set conditions for further examination
and for the debtor’s obedience to any further order regard-
ing it.

(b) REMOVING A DEBTOR TO ANOTHER DISTRICT FOR EXAMINATION.
(1) In General. When an order is issued under (a)(1) and the
debtor is found in another district, the debtor may be taken
into custody and removed as provided in (2) and (3).
(2) Within 100 Miles. A debtor who is taken into custody less
than 100 miles from where the order was issued must be
brought promptly before the court that issued the order.
(3) At 100 Miles or More. A debtor who is taken into custody
100 miles or more from where the order was issued must be
brought without unnecessary delay for a hearing before the
nearest available United States magistrate judge, bankruptcy
judge, or district judge. If, after hearing, the judge finds that
the person in custody is the debtor and is subject to an order
under (a)(1), or if the person waives a hearing, the judge must
order removal, and must release the person in custody on con-
ditions ensuring prompt appearance before the court that is-
sued the order compelling attendance.
(4) Conditions of Release. The relevant provisions and policies
of 18 U.S.C. §3142 govern the court’s determination of what
conditions will reasonably assure attendance and obedience
under this Rule 2005.

Advisory Committee Notes

(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 22, 1993, eff. Aug. 1, 1993; Apr. 14, 2021, eff. Dec. 1, 2021; Apr. 2, 2024, eff. Dec. 1, 2024.)