How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 114028
Experience:  Attorney At Law handling education matters.
10285032
Type Your Bankruptcy Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

Can anyone tell me if there is a time frame that a creditor

Customer Question

Can anyone tell me if there is a time frame that a creditor can ask for a rule 2004 ?. My bankruptcy 7 was discharged in May 22, 2015 and I got a letter in the mail June 24, 2016 telling me I have to do a Rule 2004-1. I have been told they have 1 yr from my discharge to ask for a Rule 2004-1. But I can't find a statue to back that.
Thanks Randy
Submitted: 8 months ago.
Category: Bankruptcy Law
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under bankruptcy rules, "Time and Place of Examination of Debtor. The court may for cause shown and on terms as it may impose order the debtor to be examined under this rule (2004) at any time or place it designates, whether within or without the district wherein the case is pending."
If the case is no longer "pending" then a Rule 2004 examination is improper. In a chapter 7 case, a creditor has 60 days from the first date set for the meeting of creditors to file a complaint objecting to the debtor's discharge. See: Fed.R.Bankr.P. 4004(a). If the creditor failed to object at that time a 2004 motion is not proper once the case is closed and discharge has occurred.
Customer: replied 8 months ago.
I was discharged on May 22, 2015 my bankruptcy is still open but the trustee did a report of NO Distribution on May 24, 2016. then on June 24, 2016 I got a letter in the mail saying I have to do local Rule 2004-1. Again I have been told they only have 1 yr from my discharge to do a Rule 2004 ??.
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your reply.
I do not know who told you that, I provided you a direct quote from 2004 above and it does not impose such a restriction. If the BK is still pending the court can order a 2004 examination at any time, that is word for word from the law itself.