| Bankruptcy Lawyers Los Angeles - Motion For Examination Under Rule 2004 |
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Bankruptcy Lawyers Los Angeles - Motion For Examination Under Rule 2004
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MOTIONS FOR EXAMINATIONS UNDER F.R.B.P. 2004Motions for examination under F.R.B.P. 2004 shall be served on the debtor, the trustee (if any), the United States trustee, and the examinee. The motion shall also state the place of residence and the place of employment of the party whose examination is requested, if known. The motion shall state why the examination cannot proceed under F.R.B.P. 7030 or 9014. Unless otherwise ordered by the court, no hearing is required. Not less than 21 days notice of the examination shall be provided, calculated from the date of service or the date of filing of the motion unless otherwise ordered by the court.Motions for protective orders shall be filed and served not less than 11 days before the date of the examination, and set for hearing not less than 2 court days before the scheduled examination, unless an order shortening time is granted by the court. The parties may stipulate, or the court may order, that the examination be postponed so that the motion for protective order can be heard on regular notice under Local Bankruptcy Rule 9013-1(a). The court may require compliance with Local Bankruptcy Rule 9075-1(a). After the court approves a Rule 2004 examination of a third party, that party shall be properly served with a subpoena as required by F.R.B.P. 9016 and F.R.Civ.P. 45. The party whose examination is requested may file a motion for protective order if grounds exist under F.R.B.P. 7026 and F.R.Civ.P. 26(c). Such a motion may be heard on shortened notice under Local Bankruptcy Rule 9075-1(b) if necessary. For any dispute that may arise under Local Bankruptcy Rule 2004-1, the parties shall comply with Local Bankruptcy Rule 9013-1(c). See also Local Bankruptcy Rule 9013-1(c): MOTIONS (EXCEPT REJECTION OF COLLECTIVE BARGAINING AGREEMENTS), DISCOVERY.
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