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Ask Terry L. Your Own Question
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2878
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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I want to object to a motion for a rule 2004 examination as

Customer Question

I want to object to a motion for a rule 2004 examination as i turned over the requested information and the ch 7 bankruptcy was filed 5 months after i received the collateral in question for payment of legal fees in a criminal case.
JA: What state are you in? And has anything been officially filed?
Customer: mi, like what officially filed?
JA: Has anything been filed in civil court? If so, what?
Customer: No I havent sued in civil court because I felt the collateral was sufficient but then the client filed bankruptcy and the trustee is saying maybe the legal fees paid and collateral should be returned to the estate so an examination is necessary.
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 8 months ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 8 months ago.

Hi and thanks for your question.

2004 exams are routinely granted. They are basically a supplemental hearing and/or request for documents.

Who is bringing the motion? I suppose you can object, but you would likely not be successful as they are proper under the code.

Expert:  Terry L. replied 8 months ago.

Think of it as an extended 341 meeting, that can be conducted by the trustee, US trustee, or an interested creditor.

They often are for more in depth issues, where there may be need for production of more documentation, or more complete documentation.

If you supplied documents to the trustee, and this is a creditor bringing the motion, you would have to produce the documents again.

Expert:  Terry L. replied 8 months ago.

you could object though, but I would suspect that you would be denied, as these are allowable under the code, or the moving party would amend their request to broaden the items requested so that the court would grant this. Failure to comply would be grounds for dismissal of the bankruptcy too, so keep that in mind.

Expert:  Terry L. replied 8 months ago.

what questions do you have?