The Rule 2004 examination is a tool that allows the trustee or other interested parties to obtain more information regarding your financial status. It is similar to a deposition held in civil litigation matters. If you receive an order for a Rule 2004 exam, it doesn’t mean you are in trouble. However, it is important that you have a seasoned bankruptcy attorney assist you.
The primary purpose of a 2004 exam is to provide the party seeking the information the ability to ask you questions and obtain documents from you. If documents are requested, you will receive a “Subpoena Duces Tecum,” which is an order for you to produce certain requested documents. Typically, the documents will be produced prior to the exam and in some cases, the production of documents eliminates the need for you to appear for the exam.
How can a lawyer help? We can contact the trustee or other party requesting the exam to find out what they really want. In most cases, we can cooperate with the examiner and help ensure that the questions are answered while still protecting your rights. We can save everyone time and money by handling the matter efficiently and effectively. However, if the examiner is adversarial and attempting to build a case against you, we can help you fight the 2004 Exam and take a more aggressive approach in protecting you from harsh litigation tactics.
If you have questions regarding 2004 Exams or any other bankruptcy-related matter, please contact us to schedule an initial consultation. We will answer your questions and help you understand all of your available options.
If you are considering filing for bankruptcy protection or you need assistance with your student loans, call DeLadurantey Law Office, LLC, at (414) 377-0518. We believe that each client should receive the individual attention necessary to reach their financial goals. Recognizing the needs of working clients, we maintain a flexible schedule and offer evening appointments. Initial consultations are always free, and phone inquiries are always welcomed. Find us on the Internet and on Facebook.