Under Rule 2004 of the Bankruptcy Rules of Procedure, any party in interest in a bankruptcy proceeding may examine another party.
The scope of the examination is limited to issues related to the bankruptcy and does not give a party free reign to ask questions about anything. Rule 2004(b) states:
The examination of an entity under this rule or of the debtor under § 343 of the Code may relate only to the acts, conduct, or property or to the liabilities and financial condition of the debtor, or to any matter which may affect the administration of the debtor’s estate, or to the debtor’s right to a discharge. In a family farmer’s debt adjustment case under chapter 12, an individual’s debt adjustment case under chapter 13, or a reorganization case under chapter 11 of the Code, other than for the reorganization of a railroad, the examination may also relate to the operation of any business and the desirability of its continuance, the source of any money or property acquired or to be acquired by the debtor for purposes of consummating a plan and the consideration given or offered therefor, and any other matter relevant to the case or to the formulation of a plan.
A Rule 2004 examination is typically done when an adversary proceeding has been filed and a party wants to learn more about a debtor’s assets, transfers of property, etc.
If you receive notice of a Rule 2004 examination, you probably want to contact a bankruptcy attorney. A Rule 2004 examination is essentially a deposition, and you probably don’t want to attend without representation.
Learn More About A Rule 2004 Examination In A Consultation With A Denver, Colorado Bankruptcy Lawyer
An experienced Denver, Colorado bankruptcy lawyer can assist you if a creditor asks you to appear at a Rule 2004 examination. If you have questions about the Rule 2004 examination process, call us at 303.331.3403.
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