Local Rule 2004-1: EXAMINATIONS

TNWB LBR 2004-1 EXAMINATIONS

(a) Consultation and Scheduling. Prior to filing a motion to conduct a Rule 2004 Examination, the parties and their attorneys shall confer with one another to determine a mutually agreed upon date, time, and place for the examination. Unless the Court expressly orders otherwise, all Rule 2004 Examinations shall be scheduled by the moving party in a location other than Court facilities.

(b) Rule 2004 Examinations – Procedure.

(1) Examination of the Debtor. In those instances in which a creditor or other party in interest seeks an examination of the debtor or a representative of the debtor pursuant to Federal Rule of Bankruptcy Procedure 2004, a motion requesting an order for the examination should be filed with the Clerk accompanied by a proposed order authorizing such examination. The order may be signed by the court without a hearing but the order shall be entered without prejudice to the debtor moving to quash, vacate, or modify the order prior to the scheduled examination.

(2) Examination of other Entities. In all other instances in which a Rule 2004 Examination is sought, a motion requesting authority to conduct an examination shall be filed with the Clerk. Such motion shall be governed by TNWB LBR 9013, and the entity proposed to be examined, the United States Trustee, and the case trustee shall be given notice and opportunity for hearing.

(c) Service. After entry, the order setting the examination will be returned to the party for service on the entity to be examined.

(d) Attendance. A party authorized by the Court to conduct a Rule 2004 Examination may compel attendance of the party to be examined by subpoena. Compulsory attendance of non-debtors is subject to the requirements and limitations of Federal Rule of Civil Procedure 45. See Fed. R. Bankr. P. 2004(c) and 9016.