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In re Underwood

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.
Ruling: 
Motion for examination of secured creditor granted with scope limited to debtor's specific loan history and correspondence with creditor.
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Consumer case opionion summary, case decided on September 08,2011, LexisNexis #1011-070

In re Sheetz

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.
Ruling: 
Creditor's objection to trustee's motion for examination overruled as trustee was acting properly.
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Consumer case opionion summary, case decided on June 28,2011, LexisNexis #1011-031

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 Lehman Bros. Inc.

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.
Ruling: 
Debtor's former employees' motion for discovery of list of participants in deferral compensation plan granted.
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Commercial case opionion summary, case decided on November 26,2008, LexisNexis #0209-132

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

Stasz vv. Gonzalez (In re Stasz)

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.
Ruling: 
Debtor sanctioned for failure to appear at hearing or produce documents.
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Consumer case opionion summary, case decided on April 15,2008, LexisNexis #0608-034

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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