Local Rule 2004-1: EXAMINATION.

Local Rule of Bankruptcy Procedure 2004-1. EXAMINATION.

(a) Motion and Notice A motion for an examination under Fed. R. Bankr. P. 2004 must: (1) contain the following 14-day negative notice language, which must appear as presented, and it must be located in the motion text — preferably on the initial page:

14-DAY NEGATIVE NOTICE – LBR 2004(a):

Your rights may be affected by the relief sought in this pleading. You should read this pleading carefully and discuss it with your attorney, if you have one in this bankruptcy case. If you oppose the relief sought by this pleading, you must file a written objection, explaining the factual and/or legal basis for opposing the relief.

No hearing will be conducted on this Motion unless a written objection is filed with the Clerk of the United States Bankruptcy Court and served upon the party filing this pleading WITHIN FOURTEEN (14) DAYS FROM THE DATE OF SERVICE shown in the certificate of service unless the Court shortens or extends the time for filing such objection. If no objection is timely served and filed, this pleading shall be deemed to be unopposed, and the Court may enter an order granting the relief sought. If an objection is filed and served in a timely manner, the Court will thereafter set a hearing with appropriate notice. If you fail to appear at the hearing, your objection may be stricken. The Court reserves the right to set a hearing on any matter.

(2) contain a certificate of conference tailored to one of the following three options: (A) reflects that the parties agreed to a date, time, and place for examination; (B) explains why the parties were unable to confer; or (C) explains that the parties conferred but could not reach an agreement. (3) describe the scope of examination; (4) itemize requested document categories; (5) provide a minimum of 28 days' written notice of the proposed examination date to the proposed examinee, the proposed examinee's counsel, the debtor's counsel, any trustee, any committee's counsel, and the United States Trustee; and (6) attach a proposed order which contains the date, time, and location of the examination.

(b) Duration Unless otherwise authorized by the Court or stipulated by the parties, an examination under Fed. R. Bankr. P. 2004 shall not exceed three (3) hours.

(c) Sanctions The Court may impose sanctions if it finds that an examination request was unreasonably sought or resisted under Fed. R. Bankr. P. 2004 or LBR 2004.

(d) Exception If a contested matter or an adversary proceeding is pending, then the adversary discovery rules govern, and Fed. R. Bankr. P. 2004 and LBR 2004 do not apply.