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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 Marathe

Movant, the daughter of the debtors, sought reconsideration of a court order that granted the chapter 7 trustee's motion to conduct a Fed. R. Bankr. P. 2004 examination of the daughter, and for a protective order. The daughter asserted that the proposed examination was impermissible because it violated her rights under the due process clause of the United States Constitution.
Ruling: 
Rule 2004 examination properly extended to debtor's daughter.
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Consumer case opionion summary, case decided on November 10,2011, LexisNexis #0112-031

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

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