Rule 2005 United States Federal Rules of Bankruptcy Procedure

Rule 2005 of the Federal Rules of Bankruptcy Procedure is about Apprehending and Removing a Debtor for Examination. It is under Part II (Officers and Administration; Notices; Meetings; Examinations; Elections; Attorneys and Accountants) of the Rules.

(a) Compelling the Debtor’s Attendance.

(1) Order to Apprehend the Debtor. On a party in interest’s motion supported by an affidavit, the court may order a marshal, or other official authorized by law, to bring the debtor before the court without unnecessary delay. The affidavit must allege that:

(A) the examination is necessary to properly administer the estate, and there is reasonable cause to believe that the debtor is about to leave or has left the debtor’s residence or principal place of business to avoid the examination;

(B) the debtor has evaded service of a subpoena or an order to attend the examination; or

(C) the debtor has willfully disobeyed a duly served subpoena or order to attend the examination.

(2) Ordering an Immediate Examination. If, after hearing, the court finds the allegations to be true, it must:

(A) order the immediate examination of the debtor; and

(B) if necessary, set conditions for further examination and for the debtor’s obedience to any further order regarding it.

(b) Removing a Debtor to Another District for Examination.

(1) In General. When an order is issued under (a)(1) and the debtor is found in another district, the debtor may be taken into custody and removed as provided in (2) and (3).

(2) Within 100 Miles. A debtor who is taken into custody less than 100 miles from where the order was issued must be brought promptly before the court that issued the order.

(3) At 100 Miles or More. A debtor who is taken into custody 100 miles or more from where the order was issued must be brought without unnecessary delay for a hearing before the nearest available United States magistrate judge, bankruptcy judge, or district judge. If, after hearing, the judge finds that the person in custody is the debtor and is subject to an order under (a)(1), or if the person waives a hearing, the judge must order removal, and must release the person in custody on conditions ensuring prompt appearance before the court that issued the order compelling attendance.

(4) Conditions of Release. The relevant provisions and policies of 18 U.S.C. § 3142 govern the court’s determination of what conditions will reasonably assure attendance and obedience under this Rule 2005.