Editing Openai/68543586-b3fc-8004-86a9-b3760b4894b0 (section)

=== Assistant: Great — you're in a powerful position as a coordinator or organizer of affected members. ===
Great — you're in a powerful position as a coordinator or organizer of affected members. Let me break down Rule 2004 of the Federal Rules of Bankruptcy Procedure, how it works, and what you can do as a non-attorney representative of other creditors.

==== Rule 2004 allows a broad investigation into: ====

: 

This is basically a bankruptcy subpoena power. Creditors (like you) or the Trustee can:
* Compel the debtor (company) or related parties to provide documents
* Depose individuals (under oath) including officers, insiders, or affiliated entities (e.g., new LLC)
* Investigate possible fraud, hidden assets, or insider transfers

: 

==== As a creditor (or someone organizing creditors), you can request a Rule 2004 examination. But you cannot issue subpoenas or depose someone without court permission. ====

===== ### =====
* Gather emails, screenshots, statements showing: - Members were owed but not paid - Company promised payments or commissions - Assets (like the email list) existed - Assets were transferred to a “new” company
* Prepare a short declaration or summary of these facts to support your motion.

===== You (or a lawyer on behalf of the group) would file a motion with the court, asking: =====

: 

This motion should include:
* Why you believe assets may be hidden or misappropriated
* What documents you want (e.g., contracts, bank records, transfer logs, email list ownership, new company records)
* Who you want to examine (e.g., owner/operator, new company reps)

You do not need to prove fraud yet—just show there's a credible reason to investigate.

===== If the judge grants your motion: =====
* You’ll get an order authorizing the exam
* You can issue subpoenas for documents and/or testimony - If you’re not a lawyer, you’ll need to work with one to issue and enforce subpoenas - Alternatively, the trustee can issue them if they support your investigation

==== Under Rule 2004, you can seek to examine: ====

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You may also request:
* Email list ownership docs
* Contracts with members
* Sales records
* Communications about unpaid commissions

==== <syntaxhighlight lang="markdown">'''UNITED STATES BANKRUPTCY COURT''' ====
'''SOUTHERN DISTRICT OF TEXAS – HOUSTON DIVISION'''

'''In re:''' DE Marketing LLC  
'''Case No.:''' 25-33305  
'''Chapter 7'''

'''MOTION FOR RULE 2004 EXAMINATION'''

Comes now [Your Name], a creditor in the above-captioned case, and respectfully requests that the Court enter an order authorizing a Rule 2004 examination of the Debtor, its principals, and affiliated entities for the purpose of investigating possible undisclosed assets, fraudulent transfers, and continued operation under successor entities including “Clickerr,” “MyInboxPro,” and “Push Platform.”

'''Background:'''
* Movant represents a group of over 3,000 independent contractors owed more than $2 million in unpaid commissions.
* Debtor issued 1099s for funds never paid.
* Debtor claimed to own a 31-million subscriber email list, now being used by a related company while claiming no assets in bankruptcy.
* Website and member data have been removed without notice.
* Movant has reason to believe assets have been improperly transferred or concealed.

'''Relief Requested:'''
Movant respectfully requests that the Court authorize examination under Rule 2004 and allow for the production of documents and deposition of:
# [Name of DE Marketing owner/operator]
# DE Marketing LLC
# [Any known new LLC or person operating Clickerr/MyInboxPro]

Dated: [Your Date]

Respectfully submitted,  
[Your Name]  
[Your contact info – mailing address/email]  
Appearing pro se as a creditor

</syntaxhighlight>

==== - The Chapter 7 Trustee (Ronald J. Sommers) can bring this motion on behalf of all creditors. ====
* A motion backed by the trustee is more likely to succeed and can avoid needing legal representation.
* You can send your evidence to the trustee and request he investigate and file the motion.

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Would you like help drafting the complaint letter to the trustee, or the Rule 2004 motion in Word format for court filing? I can prepare either or both for you.