An Order Authorizing a Rule 2004 Examination — Debtor is a court order that grants a creditor permission to question a debtor or an individual associated with the debtor in order to obtain information relevant to the creditor's claim. This order is typically issued in response to a motion filed by the creditor and is usually made by the judge presiding over the creditor's case. There are two types of Order Authorizing a Rule 2004 Examination — Debtor: a domestic order and a foreign order. A domestic order is issued when the debtor is located within the jurisdiction of the court and a foreign order is issued when the debtor is located outside the jurisdiction of the court. Both types of orders authorize the creditor to conduct a Rule 2004 examination for the purposes of obtaining information from the debtor or any other individual associated with the debtor. The order will specify the time, date, and place of the examination, as well as the types of questions that may be asked.
Order authorizing Rule 2004 examination - debtor
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As a result, most Chapter 13 plans do not have to provide for the repayment of unsecured debts. The only instance when Chapter 13 plans must provide for payment of unsecured debts is when an unsecured creditor objects to the plan. If this happens, the debtor must pass a ?disposable income? test.
If the Chapter 13 plan is dismissed, creditors may immediately initiate or continue with state court litigation pursuant to applicable state law to foreclose on the petitioner's property or garnish their income. If a bankruptcy case is dismissed, the legal affect is that the bankruptcy is deemed void.
A 100% plan is a Chapter 13 bankruptcy in which you develop a plan with your attorney and creditors to pay back your debt. It is required to pay back all secured debt and 100% of all unsecured debt.
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. This is called a "Rule 2004 Examination".
The amount of time you need to wait to apply for a conventional loan after a Chapter 13 bankruptcy depends on how a court chooses to handle your bankruptcy. If the court dismisses your bankruptcy, you must wait at least 4 years from your dismissal date before you can apply.
Your debts will not be discharged. Often creditors?especially unsecured creditors?don't bother to file claims with the bankruptcy court and their debts get discharged, but only if you complete the plan. When the case is dismissed, those creditors stay with you.
During a 2004 examination, the trustee or creditor can examine anyone that might have knowledge of the debtor's finances and request the debtor or a third party to produce documents for review.
The discharge releases the debtor from all debts provided for by the plan or disallowed (under section 502), with limited exceptions. Creditors provided for in full or in part under the chapter 13 plan may no longer initiate or continue any legal or other action against the debtor to collect the discharged obligations.
