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Form 89: Motion for Order Directing Claimant to Appear for Rule 2004 Examination

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Where a mortgage loan owner makes a claim in the consumer's bankruptcy for an improper amount, this pleading is used to seek an order directing the mortgage loan owner to appear for examination and produce documents.  If the debtor disputes a mortgage arrearage or other creditor claim, and is unable to obtain necessary information or a response to a request for information (see Form 86, Appx. G.8, supra) prior to confirmation, this form may be used to seek an order to conduct an examination of a creditor representative under Fed. R. Bankr. P. 2004. If granted, the debtor should also have a subpoena issued and served in accordance with Fed. R. Bankr. P. 9016.

Related NCLC Treatise:

Consumer Law Pleadings

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Consumer Bankruptcy Law and Practice

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