Examination for Rule 2004(b)

[AngelinaCat]

We have been subpoenaed to attend an Examination for Rule 2004(b)

SHOULD

[reallynervous]

Angelinacat,

I am sorry your attorney is not being responsive. Did your agreement with her include her handling any requests for addtl info such as this? If so, I would call her on Monday and be firm that your agreement stated she would handle these matters and that you want to stop by Monday to go over all the info you have pulled together to be sure it is complete and accurate.

I am sure it feels really scary not knowing what to expect. I wish I knew some info that could put your mind at ease but we just recently filed ourselves.

Take care & I hope all goes smoothly,
ReallyNervous

[JRScott]

Here this is a list of federal rules of bankruptcy procedures.

http://www.law.cornell.edu/rules/frbp/rules.htm

It will at least tell you a bit about what a 2004 is.

It appears someone has requested it. Don't be too scared, I had no property transferred so I can't be sure, but it might just be normal procedure in your area.

[rfassett]

Search for my thread "Holy crappin' crap" on this forum. I went through a 2004 exam in March and I pretty much detailed the experience within that thread. Good luck!

[banca rotta]

We have been subpoenaed to attend an Examination for Rule 2004(b)

“TRUSTEE’S MOTION FOR FEDERAL RULE OF BANKRUPTCY
PROCEDURE 2004 EXAMINATION OF DEBTORS
The Trustee, XXXXXXXXXX moves the Court pursuant to Rule 2004, Federal
Rules of Bankruptcy Procedure, for the entry of an order to exam the Debtors at
offices of XXXXXXXXXXXXXXXXXXXXXX on May 22, 2008 at 11:00 a.m. The purpose of the examination of the Debtors be to investigate possible avoidable transfers and any other ancillary matters that arise. The examination shall relate to those matters prescribed by Rule 2004(b), Federal Rules of Bankruptcy Procedure.”

My question is: has anyone had experience with such an examination? As BK newbies we haven’t of course. This IS something that we SHOULD be able to ask our BK attorney and get clear answers, but we can’t. At the risk of continuing to beat this dead horse to worse than death, we CANNOT communicate with her. (we cannot afford to fire her at this time as she is now ‘involved’.)

When my husband asked what we should expect in the ‘inquest’, she laughed and said: “Oh, it isn’t so bad.” When we asked for clarification, we got NOTHING. So here we are trying to prepare with no guidance at all. It is less than five days away, and we have no idea if we are actually preparing the correct documents. (We now have a 3 ring binder four inches thick of paperwork.)

Any guidance, suggestions are welcome and most appreciated.

Thanks in advance.

Why are you even getting examined? Did you make any property transfers before filing? I have seen the rule 2004 come up on PACER and always wondered what triggers them.

[AngelinaCat]

Banka Rotta, yes we did. While planning Chapter 13, we sold a Mortgage Deed we held for half it’s value. We PAID BILLS with it and can account for this. Understand, we had no counsel regarding this and our lawyer said: “you sold it, it does not exist, and the money is gone, so there is no asset.”

She had a copy of the assignment in her possession. She admitted a mistake on her part in not listing it. And as we understood in Chapter 13, we could do our business as usual. (Since reading this forum, we have learned that isn’t necessarily so.) Then, we both lost our jobs, my full time one and my husband’s consulting job (at the same place) due to Governmental cut backs, (official reason given) so we were forced into Chapter 7.

For some reason, the owner of the mortgage assignment did not record it until one month before we filed. So, that is the story. We did nothing on purpose to hide assets and lost our behinds on that sale, as we incurred capital gains taxes we now can’t pay. Naturally we are apprehensive about what may come about, but in any case, we can’t pay anything to anybody. What may be your take on our destiny?

Thanks

[AngelinaCat]

Search for my thread "Holy crappin' crap" on this forum. I went through a 2004 exam in March and I pretty much detailed the experience within that thread. Good luck!

Thank you rfassett, I am going to your thread now. Thanks so much.

[HHM]

Think of a 2004 exam as an extended 341 meeting. It is not the end of the world. You will probably receive a request for various documents shortly, be sure to comply with the request. Then just show up and answer the questions.

Odds are your attorney WILL NOT attend unless you pay him extra.

[AngelinaCat]

HHM, we are thinking that our attny may indeed be present. In that she admitted her mistake over the phone--wish I had that in writing--we are suspecting that she will be there to protect HER seat. Otherwise, we have voluminous emails where we have BEGGED for clarification of issues, and have gotten no response at all other than a ‘read receipt’.

[uuf2844]

Help

I wanted to know if anyone can tell me the answer to this question

I received a discharge around May 15, then I received a Rule 2004 appearance order, do I have to attend if I already received a judges order of discharge?

[HHM]

I wanted to know if anyone can tell me the answer to this question

I received a discharge around May 15, then I received a Rule 2004 appearance order, do I have to attend if I already received a judges order of discharge?

Who is requesting the 2004, and is your case "closed" or merely "discharged". If the case is still open, even if you are discharged, you need to attend.

[estreeter34]

We have recieved the subpeona for a 2004 meeting as well...
It appears it is because we were totally honest and showed a commercial lawn mower my mother bought for me for my business I started this spring. It is listed under assets of others that we posses. The trustee didn't seem to like this and has requested our bank statements for the year and my mother to appear as well. It seems to be a bit of a stretch as my mother is going with us and we listed everything honestly. I got squeezed out of my job and started a small business and we have 2 houses (one a rental that is in foreclosure as it was trashed by a tenant who screwed us...). Our income is way down and we just need to start over.
I feel as if we hadn't been honest we would have been rubber stamped like everyone ahead of us was.
We go on Oct. 14th so I will update after the meeting. I just want this behind us so we can start over and so I can sleep.

[JRScott]

I think you'll be okay

With your mother there and the statements you can show that it was her purchase and in essence she has loaned use of it to your business .

Good Luck

PS Read the other info above and check out that other thread

[estreeter34]

Thanks JR. Our attorney told us we have nothing to worry about. He said we got the worst possible trustee in our district as far as stuff like this. Apparently he likes to make people jump through hoops. I just can't wait to get it behind us.

[estreeter34]

2004 meeting went well! THe trustee asked about 4 questions and we were done and all is well! It seems he and our attorney rub each other the wrong way a bit so that may have been the whole issue...At least we are in the 60 day club!