Official Procedure Last Change December 1, 2019
Motion for 2004 Examination
How to file:
Location of event: Bankruptcy > Motions, Applications & Briefs > Examination Under FRBP 2004, Motion for
- Any party in interest can file a motion requesting to examine the debtor or any other entity. The allowable scope of examination is outlined in FRBP 2004.
- A motion for examination under FRBP 2004 may only be filed on a legal case. For adversary proceedings, refer to the procedures for discovery in adversary proceedings (FRBP 7026 onwards).
- The Motion must be signed by the filing party or their attorney.
- A Certificate of Service must be included certifying that the Motion was served on the debtor or debtor's attorney, the party to be examined, the Trustee, and the US Trustee.
- A proposed order must be uploaded.
1. Log into CM/ECF.
2. Select Bankruptcy > Motions, Applications & Briefs.
3. Enter case number (in the format xx-xxxxx) and click Next.
4. Select Examination Under FRBP 2004, Motion for from the event list and click Next.
5. Select appropriate radio button to indicate whether or not the Motion you are filing is amended.
6. Check box if jointly filing with another attorney. Click Next.
7. If you indicated that you are filing jointly with other attorney(s), select additional attorney(s) and click Next.
Note: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.
8. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.
Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.
10. If you indicated in step 5 that you are filing an amended motion, all pending motions on the docket are displayed. Select the motion that is being amended and click Next.
11. Select prefix text, if applicable, and click Next.
Note: The prefix text option is not available if you indicated in Step 5 that the Motion you are filing is amended.
12. Verify final docket text. If correct, click Next to submit.
Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.