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Objection to a Rule 2004 Exam

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#1 SimpleLawCA



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Posted 29 April 2010 - 06:35 AM

I have requested a Rule 2004 Exam on a Debtor. The judge signed the order approving my request.  The debtor's attorney is objecting, questioning the relevance of why we would like to review bank statements, tax returns, rental payments received, proof of wages from employer, etc. The attorney basically states that documents will not be produced and that to the extent that this information is relevant it has already been provided through the Debtor's filings with the Bankruptcy Court.  However, I don't believe this information, or all of it, has been filed. I believe the Debtor is hiding assets.  That is the reason I am requesting a Rule 2004 Exam.  Debtor’s attorney is threatening to file a protective order, presumably to prevent me from examining these documents.  But, isn’t that what a Rule 2004 Exam is for? 

Any insight that anyone can provide would be appreciated.


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