Rule 2004

In re VOX II LLC

Movant, the owner of an allowed claim (creditor) secured by a third lien on real estate owned by debtors, two limited liability companies, sought an order granting it an examination of the sole managing member of the jointly administered debtors pursuant to Fed. R. Bankr. P. 2004(b). Debtors opposed the motion on grounds of standing and also complained that a related document request was overbroad.
Ruling: 
Postconfirmation examination of debtor's sole managing partner and document production request allowed.
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Commercial case opionion summary, case decided on March 05,2008, LexisNexis #0408-069

In re Johnson

The chapter 7 trustee filed a motion for an order requiring the debtor to turnover property of the estate and for sequestration of property of the estate. The debtor filed a motion in limine asking the court to prohibit the trustee from using as evidence the testimony of the debtor's father elicited during an examination conducted pursuant to Fed. R. Bankr. P. 2004.
Ruling: 
Testimony of debtor's father at Rule 2004 hearing was not admissible in adversary proceeding.
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Consumer case opionion summary, case decided on July 23,2007, LexisNexis #1007-061

In re Kelley

Debtors, through their attorney, issued a subpoena to a creditor to obtain documents relating to a potential claim that the debtors might have had against the creditor regarding an alleged improper setoff of debtors'social security benefits. The creditor sought to quash the subpoena because it was issued without the debtors first obtaining a court order permitting them to examine the creditor.
Ruling: 
Subpoena from debtor's attorney to creditor quashed in absence of required examination.
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In re Bingaman

Movant debtors sought an order protecting them from a Fed. R. Bankr. P. 2004 examination scheduled by non-movant creditor.
Ruling: 
Creditor was allowed to examine the debtors for their acts, conduct, or property sinc e the creditor was a party in interest.
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