- FRBP
In re East West Resort Dev. V LP
Sep
12
2014
Ruling
Rule 2004 motions denied as futile and untimely filed.
Issue(s)
Should motions for Rule 2004 examinations be granted?
ABI Membership is required to access the full summary of In re East West Resort Dev. V LP Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
In re Braxton
Aug
21
2014
Ruling
Corporation that owed payments to debtor sanctioned for purposeful evasion of court orders to provide information to trustee.
Issue(s)
Should corporation that owed money to debtor be sanctioned for failing to comply with court orders for examination?
ABI Membership is required to access the full summary of In re Braxton Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
In re Roman Catholic Church of the Diocese of Gallup
Jul
08
2014
Ruling
Official committee of unsecured creditors could examine another diocese that was potentially liable to debtor for not disclosing abuse by priest, limited to public financial information and extent of insurance coverage.
Issue(s)
Was official committee of unsecured creditors entitled to examine another diocese that was potentially liable to debtor diocese regarding nondisclosure of abuse by one of its priests?
ABI Membership is required to access the full summary of In re Roman Catholic Church of the Diocese of Gallup Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
In re Wilbanks
Dec
21
2012
Ruling
Rule 2004 examination was proper where no adversary proceeding or contested matter was pending.
Procedural posture
This matter came before the court on debtors' motion to quash the Fed. R. Bank. P. 2004 examination by a bank, to which the bank objected.
ABI Membership is required to access the full summary of In re Wilbanks Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
In re Whitley
Dec
13
2011
Ruling
Bank required to turn over debtor's documents to trustee with exception of privileged suspicious activity reports.
Procedural posture
Debtor filed a petition under chapter 7 of the Bankruptcy Code, and a trustee was appointed to administer the debtor's bankruptcy estate. The trustee filed an application for an order requiring the bank to produce documents pertaining to accounts the debtor had at the bank. The bank filed an objection and a motion to quash the trustee's application.
ABI Membership is required to access the full summary of In re Whitley Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
In re Marathe
Nov
10
2011
Ruling
Rule 2004 examination properly extended to debtor's daughter.
Procedural posture
Movant, the daughter of the debtors, sought reconsideration of a court order that granted the chapter 7 trustee's motion to conduct a Fed. R. Bankr. P. 2004 examination of the daughter, and for a protective order. The daughter asserted that the proposed examination was impermissible because it violated her rights under the due process clause of the United States Constitution.
ABI Membership is required to access the full summary of In re Marathe Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
In re Underwood
Sep
08
2011
Ruling
Motion for examination of secured creditor granted with scope limited to debtor's specific loan history and correspondence with creditor.
Procedural posture
Movant, the United States trustee, filed a motion for entry of an order authorizing the examination of, and requiring the production of documents by secured creditor, the assignee of chapter 13 debtor's mortgage, pursuant to Fed. R. Bankr. P. 2004 and 9016. The creditor objected to the motion.
ABI Membership is required to access the full summary of In re Underwood Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
In re Sheetz
Jun
28
2011
Ruling
Creditor's objection to trustee's motion for examination overruled as trustee was acting properly.
Procedural posture
One day after the court, acting ex parte, granted a Chapter 13 trustee's motion for permission to examine a creditor pursuant to Fed. R. Bankr. P. 2004, the creditor filed an objection to the trustee's motion and also requested reconsideration of the order granting it.
ABI Membership is required to access the full summary of In re Sheetz Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
In re Marlin
Apr
06
2009
Ruling
Debtor who moved out of state ordered to return to jurisdiction for examination.
Procedural posture
Trustee filed an application for a court order to allow an examination of debtor pursuant to Fed. R. Bankr. P. 2004 pursuant to the debtor's voluntary petition filed under chapter 7. The trustee had objected to the debtor's claim of an exemption in the life insurance cash value and in the debtor's IRA account under S.C. Code Ann. §§ 38-63-40 and 15-41-30(11)(E).
ABI Membership is required to access the full summary of In re Marlin Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
In re Lehman Bros. Inc.
Nov
26
2008
Ruling
Debtor's former employees' motion for discovery of list of participants in deferral compensation plan granted.
Procedural posture
Certain former employees of the debtor who were participants under and who had unspecified claims for compensation and other relief arising with respect to deferred compensation plans moved for discovery pursuant to Fed. R. Bankr. P. 2004 for a list of all participants in the debtor's deferred compensation plans.
ABI Membership is required to access the full summary of In re Lehman Bros. Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: