Local Rule 2004: Motions under Rule 2004 of the Federal Rules of Bankruptcy Procedure

L.R. 2004 – Motions under Rule 2004 of the Federal Rules of Bankruptcy Procedure. A. Motion for Examination and/or Production. A motion under Rule 2004 of the Federal Rules of Bankruptcy Procedure may contain a request for an examination or for production of documents. In addition, in a motion for an examination, the moving party may request that the examinee be required to produce documents at the time and place of the examination or at such other time and place as set forth in the motion.

B. Conference Required. Prior to filing a motion for examination and/or for production of documents under Rule 2004 of the Federal Rules of Bankruptcy Procedure the moving party shall attempt to confer (in person or telephonically) with the proposed examinee or the examinee's counsel (if represented by counsel) to arrange for a mutually agreeable date, time, place and scope of an examination and/or production. If an agreement is reached, no motion shall be required.

C. Certification of Conference Required. All motions for examination and/or production under this Local Rule shall include a certification of the moving party that either (1) a conference was held as required and no agreement was reached, or (2) a conference was not held and an explanation as to why no conference was held.

D. Service and Notice Requirements. In addition to any other rules of service that generally apply, all motions for examination and/or production of documents shall be served upon the following parties, through their counsel, if represented: (1) the debtor; (2) the Trustee; (3) the United States Trustee; (4) all official committees; and (5) the proposed examinee and/or party producing documents. All such motions shall be accompanied by a notice of motion setting forth (1) an objection, response or answer deadline of 7 days from filing of the motion; and (2) the date, time and place of the hearing in the event an objection is filed.