(a) Order To Compel Attendance for Examination. On motion of any party in interest supported by an affidavit alleging (1) that the examination of the debtor is necessary for the proper administration of the estate and that 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 examination, or (2) that the debtor has evaded service of a subpoena or of an order to attend for examination, or (3) that the debtor has willfully disobeyed a subpoena or order to attend for examination, duly served, the court may issue to the marshal, or some other officer authorized by law, an order directing the officer to bring the debtor before the court without unnecessary delay. If, after hearing, the court finds the allegations to be true, the court shall thereupon cause the debtor to be examined forthwith. If necessary, the court shall fix conditions for further examination and for the debtor’s obedience to all orders made in reference thereto.
(b) Removal. Whenever any order to bring the debtor before the court is issued under this rule and the debtor is found in a district other than that of the court issuing the order, the debtor may be taken into custody under the order and removed in accordance with the following rules:
(1) If the debtor is taken into custody under the order at a place less than 100 miles from the place of issue of the order, the debtor shall be brought forthwith before the court that issued the order.
(2) If the debtor is taken into custody under the order at a place 100 miles or more from the place of issue of the order, the debtor shall be brought without unnecessary delay before the nearest available United States magistrate judge, bankruptcy judge, or district judge. If, after hearing, the magistrate judge, bankruptcy judge, or district judge finds that an order has issued under this rule and that the person in custody is the debtor, or if the person in custody waives a hearing, the magistrate judge, bankruptcy judge, or district judge shall order removal, and the person in custody shall be released on conditions ensuring prompt appearance before the court that issued the order to compel the attendance.
(c) Conditions of Release. In determining what conditions will reasonably assure attendance or obedience under subdivision (a) of this rule or appearance under subdivision (b) of this rule, the court shall be governed by the provisions and policies of title 18, U.S.C., § 3146(a) and (b).
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 22, 1993, eff. Aug. 1, 1993.)
added in current removed in current
Compared to current version (2025).
(a) Order To Compel Attendance for Examination. On motion of anyCompelling the Debtor ’ s Attendance.
(1) Order to Apprehend the Debtor. On a party in interest’s motion supported by an affidavit alleging (1) that the examination of the debtor, 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 for theto properly administeration of the estate, and that 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, or (2) that;
(B) the debtor has evaded service of a subpoena or of an order to attend forthe examination,; or (3) that
(C) the debtor has willfully disobeyed a duly served subpoena or order to attend forthe examination, duly served, the court may issue to the marshal, or some other officer authorized by law, an order directing the officer to bring the debtor before the court without unnecessary delay. If, after hearing, the court finds the allegations to be true, the court shall thereupon cause the debtor to be examined forthwith. If necessary, the court shall fix conditions for further examination and for the debtor’s obedience to all orders made in reference thereto.
(b) Removal. Whenever any order to bring the debtor before the court.
(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 this rule(a)(1) and the debtor is found in another district other than that of the court issuing the order, the debtor may be taken into custody uander the order and removed in accordance with the following rules:
(1) If the removed as provided in (2) and (3).
(2) Within 100 Miles. A debtor who is taken into custody under the order at a place less than 100 miles from twhe place of issue of the order, the debtor shallre the order was issued must be brought forthwithpromptly before the court that issued the order.
(23) If theAt 100 Miles or More. A debtor who is taken into custody under the order at a place 100 miles or more from twhe place of issue of the order, the debtor shallre 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 magistrate judge, bankruptcy judge, or district judge finds that an order has issued under this rule and that the person in custody is the debtorjudge finds that the person in custody is the debtor and is subject to an order under (a)(1), or if the person in custody waives a hearing, the magistrate judge, bankruptcy judge, or district judge shalljudge must order removal, and must release the person in custody shall be released on conditions ensuring prompt appearance before the court that issued the order to compel theling attendance.
(c4) Conditions of Release. InThe relevant provisions and policies of 18 U.S.C. § 3142 govern the court’s determiningation of what conditions will reasonably assure attendance orand obedience under subdivision (a) of this rule or appearance under subdivision (b) of this rule, the court shall be governed by the provisions and policies of title 18, U.S.C., § 3146(a) and (b)this Rule 2005.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 22, 1993, eff. Aug. 1, 1993; Apr. 14, 2021, eff. Dec. 1, 2021; Apr. 2, 2024, eff. Dec. 1, 2024.)