2004 exams: are they public record?

[Invincible88]

Was writing to ask if anyone who's had a 2004 exam in bankruptcy knows whether or not the contents of the deposition are public record? I know bankruptcy filings themselves are public record, but my question is for those who've undergone a 2004 exam, if that's part of the public file in a bankruptcy proceeding? Thanks.

[justbroke]

I don't think any of that is filed on the electronic case file (the docket). But, alas, I've never had a Rule 2004 examination so I can't look at my case for any information. The purpose of the 2004 Exam is to get documents and get the debtor to testify under oath just as the debtor was in the 341 meeting; only the depth of the questions can go much deeper and more broad. I would think that the contents of the 2004 Exam are only disclosed if necessary by the Trustee (or creditor) in an adversary proceeding to limit or deny the discharge.

I think of it this way. There are many documents that I gave the Trustee that have never shown up on the electronic case file. Bank statements (prior case), insurance binders, and a host of other things.

[Invincible88]

I don't think any of that is filed on the electronic case file (the docket). But, alas, I've never had a Rule 2004 examination so I can't look at my case for any information. The purpose of the 2004 Exam is to get documents and get the debtor to testify under oath just as the debtor was in the 341 meeting; only the depth of the questions can go much deeper and more broad. I would think that the contents of the 2004 Exam are only disclosed if necessary by the Trustee (or creditor) in an adversary proceeding to limit or deny the discharge.

I think of it this way. There are many documents that I gave the Trustee that have never shown up on the electronic case file. Bank statements (prior case), insurance binders, and a host of other things.

I was told a transcript of the 341 meeting was available to anyone who asked, so I thought the same may have applied to a 2004 exam. If another creditor wants a copy, for example.

[justbroke]

The rules of the 2004 Exam are that "any party in interest" may attend or have one. It is possible that someone could get a transcript but they'd likely have to pay for the transcription. Personally I wouldn't worry about this since bankruptcy is already a public record that is very easy to find.

I don't know of anyone that has ever asked for a transcript of the 341 Meeting. Ever. The contents of that meeting are not on the electronic case file (PACER/ECF) and I don't know why anyone would want a copy unless they are a creditor.

[Mistral]

I've seen many 2004 exams - and they are not public record.

A 2004 Exam seems to have at least 2 formats
1) Deposition type - where someone has to come answer questions
2) Subpoena type - where there is a request for documents to be produced.

I've seen many orders for 2004 exams to have documents produced by Banks and lending institutions - but the documents are produced to the person who requested the 2004 exam [Trustee] and so far not available in the public record. Someone could request the trustee willingly share them - or someone else could submit their own 2004 exam for the same docs... but so far doesn't appear to be public record.

I have requested and received copies of the 341 meeting - [audio file - not transcript] ... but not of 2004 exams.