Eastern & Juniper Coop. Association, Inc.

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
EASTERN & JUNIPER COOP.
ASSOCIATION, INC.,
Debtor.
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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Not for Publication in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
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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.]
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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
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