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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2863
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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I am having to attend a Rule 2004 Examination. Can you explain

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I am having to attend a Rule 2004 Examination. Can you explain my rights? What can they ask and what can they not ask me? Is there a limit to the scope of the questions. In a civil deposition there are rules and rights of privacy. This i understand. If they ask me something and I just do not recall the ACTUAL answer and DO NOT want to guess, what does that mean? I do not want to have my Bankruptcy dismissed based on some BIG law firms accusations and statements.

Yes I have an attorney... but I really like to be prepared for what to expect here.

Terry L. :

Hi and thank you for your question. In the future, you can request me to answer any further questions.

Terry L. :

The 2004 exam is basically a continuance of the 341 meeting.

Terry L. :

The creditor can ask you anything relevant to the case.

Terry L. :

This can range from issues regarding the debt with them...what it was for, what it was used on, information used to obtain the debt, etc.

Terry L. :

They can also ask you anything regarding the bankruptcy petition as well.

Terry L. :

Your income, your expenses, your assets, your statement of financial affairs.\

Terry L. :

You need to answer truthfully.

Terry L. :

You are under oath.

Terry L. :

If you do not know or don't recall you are free to answer that way.

Terry L. :

If you can obtain the info later, say by looking at your records, then that is fine too, just say that.

Terry L. :

IF the creditor later objects, they can use your testimony against you if it helps their case.

Terry L. :

If they find out that you give false testimony, they can move to get the debt to be non-dischargeable and/or dismiss the case entirely, so it is important to state the truth, even if it hurts your case.

Terry L. :

Talk to your lawyer, they can prep you on how to answer the question. If you are unsure during the questioning, ask to take a break and discuss it with your lawyer.

Terry L. :

Thanks for your question, you'll do fine. keep your answers short and simple if possible. Good luck.

Customer :

Thanks a lot. One issue is in regards XXXXX XXXXX closly held, that I own. It is my understanding that since this a Personal Bankruptcy, that they can not ask me any issues about the finances of the corporations. Is that true? Unless they suppena me as an offer of the corporation.

Customer :

I listed them in the bankruptcy, naturally... and disclose income I earned from them... naturally. But in the documents requesting the meeting it asks me to produce a lot of corporate documentation. Is it not true that I am NOT obligated to produce these items unless I am requested to do so as an officer of the corporation.

Terry L. :

Sorry, that is incorrect. Since you are the owner of the corporation, the income/expenses goes to the value of the company, which is an asset in your case, and thus would be permissible questions. You should be ready to produce these documents as they go to your income and the valuation of the business. Talk to your attorney if you feel there are grounds to withhold them, and go with their advice. I would bring the documents though, since I believe they are relevant. Good luck.

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