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Rule 2004

In re Kelton

May
13
2008
Ruling
Motion to strike auditor's report denied and Rule 2004 examination ordered.
Procedural posture

A chapter 13 debtor filed a motion to strike an auditor's report, which had been prepared pursuant to § 603 of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Pub. L. No. 109-8, § 603, 119 Stat. 23, 122 (2005), and 28 U.S.C.S. § 586(f). The United States Trustee filed a motion for a Fed. R. Bankr. P. 2004 examination. The debtor filed a motion for a protective order.

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Consumer opinion summary, case decided on May 13, 2008 , LexisNexis #0708-025
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Stasz vv. Gonzalez (In re Stasz)

Apr
15
2008
Ruling
Debtor sanctioned for failure to appear at hearing or produce documents.
Procedural posture

Appellant debtor challenged an order from the Bankruptcy Court for the Central District of California, which granted the motion of appellee trustee and found the debtor in civil contempt after she failed to appear and produce documents at a Fed. R. Bankr. P. 2004 examination. The bankruptcy court imposed sanctions against the debtor.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on April 15, 2008 , LexisNexis #0608-034
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In re VOX II LLC

Mar
05
2008
Ruling
Postconfirmation examination of debtor's sole managing partner and document production request allowed.
Procedural posture

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.

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Commercial opinion summary, case decided on March 05, 2008 , LexisNexis #0408-069
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In re Johnson

Jul
23
2007
Ruling
Testimony of debtor's father at Rule 2004 hearing was not admissible in adversary proceeding.
Procedural posture

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.

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Consumer opinion summary, case decided on July 23, 2007 , LexisNexis #1007-061
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In re Kelley

May
01
2007
Ruling
Subpoena from debtor's attorney to creditor quashed in absence of required examination.
Procedural posture

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.

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opinion summary, case decided on May 01, 2007 , LexisNexis #0807-060
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In re Bingaman

Feb
02
2006
Ruling
Creditor was allowed to examine the debtors for their acts, conduct, or property sinc e the creditor was a party in interest.
Procedural posture

Movant debtors sought an order protecting them from a Fed. R. Bankr. P. 2004 examination scheduled by non-movant creditor.

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opinion summary, case decided on February 02, 2006 , LexisNexis #0306-033
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