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In re Braxton

Ruling: 
Corporation that owed payments to debtor sanctioned for purposeful evasion of court orders to provide information to trustee.
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Consumer case opionion summary, case decided on August 21,2014, LexisNexis #0914-104

In re Wilbanks

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.
Ruling: 
Rule 2004 examination was proper where no adversary proceeding or contested matter was pending.
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Consumer case opionion summary, case decided on December 21,2012, LexisNexis #0113-062

In re Whitley

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.
Ruling: 
Bank required to turn over debtor's documents to trustee with exception of privileged suspicious activity reports.
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Consumer case opionion summary, case decided on December 13,2011, LexisNexis #0112-068

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 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 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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