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Typical reasons for 2004 exam requests are to find out if the debtor is hiding assets, why the debtor transferred property out of their name before filing bankruptcy, or suspicious financial transactions were found when reviewing the debtors case. A 2004 examination is conducted like a deposition.
Rule 2004 exams exist to allow bankruptcy trustees, creditors, and other interested parties to access the information they need to fulfill their duties under the Bankruptcy Code. This is similar to the goal of a Section 341 meeting of creditors.
The pending proceeding rule states that once a separate matter has been commenced (whether in an adversary proceeding, a contested matter, or in a non-bankruptcy forum), discovery should be made pursuant to the discovery rules applicable to the separate proceeding, and not through Rule 2004.
2004 provides a tool whereby a party in interest can obtain, with court permission, an examination of any entity relating ?to the acts, conduct, or property or to the liabilities and financial condition of the debtor, or to any matter which may affect the administration of the debtor's estate.? Fed.
Rule 2004 of the Federal Rules of Bankruptcy Procedure allows any "interested person" to require someone else to testify and produce documents on matters related to your bankruptcy. The 2004 Exam can cover a broad range of issues, including: your actions, conduct or property. your debts and financial condition.
Rule 2004 of the Federal Rules of Bankruptcy Procedure allows any "interested person" to require someone else to testify and produce documents on matters related to your bankruptcy. The 2004 Exam can cover a broad range of issues, including: your actions, conduct or property. your debts and financial condition.
Authority to Take a Rule 2004 Exam: FRBP 2004 provides parties with the opportunity to conduct an examination of a person and/or documents, even though an adversary proceeding has not been filed.