1:08-bk-00734•Eastern & Juniper Coop. Association, Inc.
Gesamter Gesetzestext
UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF COLUMBIA In re EASTERN & JUNIPER COOP. ASSOCIATION, INC., Debtor. ) ) ) ) ) ) Case No. 08-00734 (Chapter 11) Not for Publication in West’s Bankruptcy Reporter MEMORANDUM DECISION AND ORDER RE MOTION TO COMPEL TURNOVER OF PROPERTY AND FOR LEAVE TO CONDUCT B.R. 2004 EXAMINATION Under Fed. R. Bankr. P. 7001, with exceptions of no applicability to the motion at issue, a proceeding for turnover must be commenced as an adversary proceeding. Absent waiver of that requirement, a motion to compel the debtor’s accountant to turn over records must be dismissed as not constituting an adversary proceeding. See In re Perkins, 902 F.2d 1254, 1258 (7th Cir.1990) (explaining that an adversary proceeding "must be commenced by a properly filed and served complaint," and holding that a motion for turnover must be dismissed). Accordingly, it is ORDERED that the debtor’s motion, filed by it as a debtor in possession, entitled Motion to Compel Turnover of Property and for Leave to Conduct B.R. 2004 Examination (Docket Entry No. 14) The document below is hereby signed. Signed: December 18, 2008. _____________________________ S. Martin Teel, Jr. United States Bankruptcy Judge Case 08-00734 Doc 23 Filed 12/18/08 Entered 12/18/08 12:07:12 Desc Main Document Page 1 of 3
2 is granted in part as set forth below and is otherwise dismissed with leave to pursue an adversary proceeding for turnover. It is further ORDERED that the debtor is granted leave to conduct an examination of Allen W. Caster under oath pursuant to the procedures of Fed. R. Bankr. P. 2004, and to issue a subpoena (or subpoenas) to Allen W. Caster compelling him: (1) to produce for examination and copying all documents within his possession or control relating to the debtor (or to Eastern & Juniper Tenants’ Association, Inc.), including, but not limited to, federal and local tax returns (including all schedules, forms, and worksheets), all ledgers, balance sheets, canceled checks, bank statements, and accounting ledgers and books account, invoices and contracts, accountings of rents and other fees, and incoming and outgoing correspondence relating to the debtor, and (2) to appear to testify pursuant to the examination under Rule 2004. It is further ORDERED that the subpoena for production of documents under Rule 2004 may compel such production on a date different from the date on which Mr. Caster is subpoenaed to appear for examination under Rule 2004. [Signed and dated above.] Case 08-00734 Doc 23 Filed 12/18/08 Entered 12/18/08 12:07:12 Desc Main Document Page 2 of 3
3 O:\TEEL\Judge Temp Docs\Eastern & Juniper Coop. - Order Authorizing Rule 2004 Exam.wpd Copies to: Debtor; Debtor’s attorney; Office of United States Trustee; and: Mr. Allen W. Caster 1715 Fifteenth Street, NW Washington, DC 20001-1819 Case 08-00734 Doc 23 Filed 12/18/08 Entered 12/18/08 12:07:12 Desc Main Document Page 3 of 3
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