Examinations

(a) Good Faith Duty to Confer. Counsel for the parties and any unrepresented individuals shall have a duty to make a good faith effort to resolve by agreement any disputes with regard to an examination and production of documents under Fed. R. Bankr. P. 2004, including its scheduling, scope, length and the extent of documents to be produced. Any objection to an order for a Rule 2004 examination, a motion to enforce compliance with such an order, or with a subpoena, or a motion seeking to modify, limit or quash such an order, shall be accompanied by a statement certifying that counsel for the moving or objecting party or the unrepresented individual have conferred or made a good faith effort to confer in an attempt to resolve the controversy by agreement, but that such efforts were not successful. 11 (b) Examination by Notice.

The purpose of LBR 2004-1(a) is to encourage agreements on an examination schedule and to avoid a motion and order for a Rule 2004 examination. Therefore, examination and production of documents under Fed. R. Bankr. P. 2004 may be initiated by notice, if the entity or person to be examined consents. The notice shall: (1) specify the scope of the examination; (2) provide the date, time and place of the examination; (3) describe any documents to be produced; (4) be filed with the Bankruptcy Clerk; and (5) be served upon the debtor, the debtor’s attorney, the chapter 7, 11, 12 or 13 trustee as appropriate, the United States Trustee, and the entity or person to be examined. The party seeking the examination shall file the notice with the Bankruptcy Clerk and serve it in accordance with this Local Bankruptcy Rule no later than fourteen (14) days before the date set for the examination.

(c) Rule 2004 Inapplicable to Contested Matters and Adversary Proceedings. If a contested matter or an adversary proceeding is pending, Fed. R. Bankr. P. 2004 and Local Bankruptcy Rule 2004-1 are inapplicable. Discovery in contested matters and adversary proceedings shall be governed by Fed. R. Bankr. P. 7027-7036. LBR 2007.1-1 Examiners – Chapter 11 Upon approval of the appointment of an examiner in a chapter 11 case, the examiner shall be given all notices required to be mailed to committees under Fed. R. Bankr. P. 2002(i).