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In re Marlin

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).
Ruling: 
Debtor who moved out of state ordered to return to jurisdiction for examination.
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Consumer case opionion summary, case decided on April 06,2009, LexisNexis #0709-129

In re Kelton

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.
Ruling: 
Motion to strike auditor's report denied and Rule 2004 examination ordered.
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Consumer case opionion summary, case decided on May 13,2008, LexisNexis #0708-025

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

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