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2004 Exams
Dear Todd:
Take five minutes to cordially call opposing counsel, explain the rule,
then document
it with a memo to them.
It is hard to do but a best practice. Be the Best.
Thanks for your posting, I have benefited from it.
Good Luck starts with a strategy and a plan. Form a strategic alliance
with
Robert J. Suhajda, MS,CPA
17721 Norwalk Blvd. #43
Artesia, CA 90701
562-924-8922
Admitted to US Tax Court, Income Tax for Attorneys, Bankruptcy,
IRS representation, Fiduciary income tax returns, Estate and
Gift tax returns, Trust Protector, Independent Trustee, Court Accountings
In a message dated 5/7/2010 12:58:20 P.M. Pacific Daylight Time,
toddlaw@dslextreme.com writes:
Thanks all for the responses...T
I am familiar with Local Rule 2004-1 which says:
"Prior to filing a motion for examination or for production of
documents under FRBP 2004, the moving party must attempt to confer (in
person or telephonically) with the entity to be examined, or its counsel, to
arrange for a mutually agreeable date, time, place, and scope of an
examination or production."
I don't think, but correct me if I'm wrong, that just going ahead and
serving me with a Notice of 2004 Exam, with a set time, date and place, is an
attempt to confer. The way I see it, its an attempt NOT to confer. How could
it be any more unilateral?
No attempt to confer, no motion, no order, I don't feel like even
acknowledging it (no love lost between myself and opposing counsel).
So, just want to be sure I'm on safe ground if I ignore it.
Todd Mannis, Esq.
"t_mannis" wrote:
>
> Harassing (in my opinion, anyways) creditor sends a "Notice of 2004
Examination, Harassing (in my opinion, anyways) creditor s
>
> Last I read Rule 2004, which was about three minutes ago, one cannot
just simply send a Notice of 2004 Hearing - a 2004 examination has to be
pursuant to an Order, coming after a proper Motion has been filed with the
Court. Moreover, no documents may be requested in a 2004 examination unless a
proper subpoena has been issued.
>
> One, am I correct?
>
> Two, assuming I am, do I need to do anything in response to this
"notice?" Clearly there's no objection to be made, because there is no motion on
file to be objected to..... so can I simply ignore it? I really do not feel
like educating this creditor by telling him that this is not the way to do
it, you have to file a motion, etc.
>
Dear Todd:
Take five minutes to cordially call opposing counsel, explain the
rule, then document
it with a memo to them.
It is hard to do but a best practice. Be the Best.
Thanks for your posting, I have benefited from it.
Good Luck starts with a strategy and a plan. Form a strategic alliance with
Robert J. Suhajda,
MS,CPA
17721 Norwalk Blvd.
#43
Artesia, CA
90701
The post was migrated from Yahoo.
Thanks all for the responses....
I am familiar with Local Rule 2004-1 which says:
"Prior to filing a motion for examination or for production of
documents under FRBP 2004, the moving party must attempt to confer (in person or telephonically) with the entity to be examined, or its counsel, to arrange for a mutually agreeable date, time, place, and scope of an examination or production."
I don't think, but correct me if I'm wrong, that just going ahead and serving me with a Notice of 2004 Exam, with a set time, date and place, is an attempt to confer. The way I see it, its an attempt NOT to confer. How could it be any more unilateral?
No attempt to confer, no motion, no order, I don't feel like even acknowledging it (no love lost between myself and opposing counsel).
So, just want to be sure I'm on safe ground if I ignore it.
Todd Mannis, Esq.
>
> Harassing (in my opinion, anyways) creditor sends a "Notice of 2004 Examination," complete with a list of requested documents.
>
> Last I read Rule 2004, which was about three minutes ago, one cannot just simply send a Notice of 2004 Hearing - a 2004 examination has to be pursuant to an Order, coming after a proper Motion has been filed with the Court. Moreover, no documents may be requested in a 2004 examination unless a proper subpoena has been issued.
>
> One, am I correct?
>
> Two, assuming I am, do I need to do anything in response to this "notice?" Clearly there's no objection to be made, because there is no motion on file to be objected to..... so can I simply ignore it? I really do not feel like educating this creditor by telling him that this is not the way to do it, you have to file a motion, etc.
>
The post was migrated from Yahoo.
You are right about a Motion being required, but if the 2004 Examination is of the Debtor, then documents can be required to be produced without the necessity of a subpoena. The Order Granting Motion for 2004 Examination will require the debtor to produce documents. A subpoena is required in the Rule 2004 process if being requested from a non-debtor party.
James R. Selth
Weintraub & Selth, APC
12121 Wilshire Boulevard, Suite 1300
Los Angeles, California 90025
Telephone: (310) 207-1494
Facsimile: (310) 442-0660
E-Mail: jim@wsrlaw.net
NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF THE TRANSMISSION AND THIS COMMUNICATION IS INTENDED TO BE PRIVILEGED BY LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN-E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.
The post was migrated from Yahoo.
Local rule 2004-1 requires creditors counsel to try to work out the details before filing the 2004 motion.
>
> 1. YES
>
> 2. YES
>
>
>
> Of t_mannis
> Sent: Thursday, May 06, 2010 3:47 PM
> To: cdcbaa@yahoogroups.com
> Subject: [cdcbaa] 2004 Exams
>
>
>
>
>
> Harassing (in my opinion, anyways) creditor sends a "Notice of 2004
> Examination," complete with a list of requested documents.
>
> Last I read Rule 2004, which was about three minutes ago, one cannot
> just simply send a Notice of 2004 Hearing - a 2004 examination has to be
> pursuant to an Order, coming after a proper Motion has been filed with
> the Court. Moreover, no documents may be requested in a 2004 examination
> unless a proper subpoena has been issued.
>
> One, am I correct?
>
> Two, assuming I am, do I need to do anything in response to this
> "notice?" Clearly there's no objection to be made, because there is no
> motion on file to be objected to..... so can I simply ignore it? I
> really do not feel like educating this creditor by telling him that this
> is not the way to do it, you have to file a motion, etc.
>
The post was migrated from Yahoo.
Harassing (in my opinion, anyways) creditor sends a "Notice of 2004 Examination," complete with a list of requested documents.
Last I read Rule 2004, which was about three minutes ago, one cannot just simply send a Notice of 2004 Hearing - a 2004 examination has to be pursuant to an Order, coming after a proper Motion has been filed with the Court. Moreover, no documents may be requested in a 2004 examination unless a proper subpoena has been issued.
One, am I correct?
Two, assuming I am, do I need to do anything in response to this "notice?" Clearly there's no objection to be made, because there is no motion on file to be objected to..... so can I simply ignore it? I really do not feel like educating this creditor by telling him that this is not the way to do it, you have to file a motion, etc.
The post was migrated from Yahoo.