Examination Without Court Order

An examination under Fed. R. Bankr. P. 2004, including for production of documents at the examination, may be conducted without a court order by filing a Notice of Rule 2004 Exam (Local Form NEB 2004-1) and serving it on the person to be examined, with, if applicable, a subpoena. No subpoena is necessary to compel the debtor. The person to be examined cannot be compelled to an examination less than 14 days after service of the notice unless the notice states the examination may be rescheduled upon request. If the person to be examined promptly requests, the examination must be rescheduled to a mutually agreeable date, time, and place.

To the extent a request for production of documents under this Local Rule may be construed as a request under Fed. R. Bankr. P. 7034, the time to respond is shortened to 14 days. A party in interest may file, before the date of the proposed examination, a motion for protective order stating reasons to prohibit, limit, or reschedule the examination. The examination is stayed until the court rules on the motion.