Rule 2004 Examinations

(a) Request for Examination. All requests for orders under Rule 2004, Federal Rules of Bankruptcy Procedure must be made by motion in a form substantially similar to AK LBF 8 and must be accompanied by a proposed order substantially similar to AK LBF 9. (b) Ex Parte Submission. (1) A motion seeking examination of a witness, with or without document production, may be presented ex parte if it contains a certification that counsel for the movant conferred with counsel, if known, for the party whose examination is being sought.

If the motion does not contain such a certification, the matter may be heard on no fewer than two business days’ notice unless the Court orders otherwise. (2) A motion seeking only document production may be presented ex parte without a certification that counsel for the movant has conferred with counsel for the examinee. (c) Shortened Notice. Motions requesting an examination on less than 14 days’ notice must state whether the examination date has been agreed on, or if there is no agreement, why examination on less than fourteen (14) days’ notice is requested.

(d) Clerk’s Authority to Sign Order. The clerk may only sign orders for examination if the date set for examination is more than fourteen (14) days from the date the motion is filed. (e) Production of Documents Must be Obtained by Subpoena. Motions requesting production of documents must include a certification that the documents will be obtained via subpoena as provided by Rule 45(a)(1)(C), Federal Rules of Civil Procedure, as adopted by Rule 9016, Federal Rules of Bankruptcy Procedure.

(f) Attendance of Witness or Production of Documents. Securing the attendance of a witness or the production of documents must be done in accordance with Rule 9016, Federal Rules of Bankruptcy Procedure. LOCAL BANKRUPTCY RULES DISTRICT OF ALASKA (12/2024) 12 Rule 2015-1 Trustees – General (a) Funds of the Estate. (1) Funds of a chapter 7, 11, 12 or 13 estate must be deposited in an account authorized by § 345 of the Code.

(2) If at any time the total amount deposited exceeds the FDIC or NCUA insurance limits, the funds must be deposited with an entity posting a bond or collateral approved by the United States trustee. (b) Return of Documents. (1) Except to the extent otherwise provided by law, or order of the court, the trustee: [A] if return of the document has not been requested, may destroy the document; or [B] if return is requested in writing, must return the document to the person who provided the document within a reasonable time after the case is closed. (2) The trustee may require any person who has requested the return of a document or paper to provide the trustee with a stamped, self-addressed return envelope or otherwise bear all expenses incurred for the return.

(c) Subchapter V Trustee Advance Fee and Expense Deposit (1) Initial Payment. No later than seven (7) days after the filing of the Notice of Appointment of Trustee, the debtor must tender to the Subchapter V trustee an advance fee and expense deposit in the sum of one thousand dollars ($1,000.00). [A] The Subchapter V trustee will hold these funds in a segregated account for the purpose of compensation for services rendered and reimbursement for out-of-pocket expenses. [B] Payment of compensation and reimbursement to the Subchapter V trustee from the segregated funds is subject to allowance and approval by further order of the Court under §§ 503(b), 330, 331 and 1194 of the Code, Rule 2016 of the Federal Rules of Bankruptcy Procedure and Local Bankruptcy Rule 2016-1. [C] Failure of the debtor to tender the required amount within seven (7) days after the filing of the Notice of Appointment of Trustee may result in dismissal of the debtor’s case. (2) Monthly Payments. Each month on the same day of the month as the petition date, the debtor must tender to the Subchapter V trustee an additional advance fee and expense deposit in the sum of five hundred dollars ($500.00), until the amount of segregated funds reaches the sum of three thousand dollars ($3,000.00). [A] The debtor must recommence payments if the amount of segregated funds falls below $3,000 due to the Subchapter V trustee having withdrawn funds for court- approved compensation or reimbursement, until the advance deposit again reaches no less than $3,000.

(3) Modification. Upon the motion of any interested party, the dollar amounts for deposit are subject to adjustment by the Court. (4) Excess Funds. No later than ten (10) days after the court approves a Subchapter V trustee’s final application for compensation, the Subchapter V trustee must return any excess funds to the debtor.