Rule 2004 examination

[Mickey23]

Hi guys!

I had my 341 meeting done bit over a month ago, all went pretty well, my lawyer didn’t submit few documents from the list that trustee requested, even though i did submit everything to my lawyer, guess assistant missed some documents…Anyway i sent missing documents to my lawyer to resubmit to the trustee, and today my lawyer informs me that trustees lawyer wants to conduct the Rule 2004 examination, and me basically resubmit alll the bank statements for 12 months before filing bankruptcy and all documents that were requested before 341 meeting…Also i was involved in a car accident after filing for bankruptcy, was not at fault and my insurance company is fixing my vehicle and i didn’t receive penny from it, bodyshop will get payment from my insurance when vehicle is fixed, and trustees lawyer wants all documents regarding that incident…I informed trustee at 341 meeting that i was involved in the accident and trustee kinda scolded my lawyer for not disclosing that earlier than me disclosing it at the 341 meeting …..From my limited scope of research rule 2004 examinations are not that common, and wondering why does the trustees lawyer want to conduct it?

I would like to hear more information regarding it, and wondering about competence of my lawyer unfortunately, as nothing shady is not going on that would trigger this examination except my lawyer failing to submit all requested documents …Any advice or info on this matter is greatly appreciated!!!!!!

[Carmella]

I think the trustee is being prudent. I imagine your attorney not submitting everything didn't help. In other words it's not personal it's probably just a procedure they have to follow because not everyone is honest and some might pocket some $$. I am no way an expert on this or anything like that or the 2004 examination. My opinion is just based on my life experiences in different situations. I and my parents had dealt with car accidents with less than honest people trying to make a quick buck. I can understand reasons for being cautious, but I might be off base since I don't know how it relates to BK. My gut feeling is everything you have submitted is on the up and up and it will work out in the end.

[Mickey23]

Thanks for the response!

[flashoflight]

I would suggest looking through your own bank statements that were previously submitted to the trustee and pretend you're the trustee looking for sketchy transfers. For example, you transferred money to a brokerage account and "forgot" to list the brokerage account or sent money to your mom. They don't do 2004 exams for no reason. I'd want to know what they're fishing for prior to the deposition/exam.

[Mickey23]

All accounts i had were listed (no brokerage accounts) just basic checking, savings accounts, no transfers that would appear sketchy…My lawyer told me that this trustee is one of those that wants to get every penny as he dealt with him in the past and said that everyone pays something with him

[Carmella]

All accounts i had were listed (no brokerage accounts) just basic checking, savings accounts, no transfers that would appear sketchy…My lawyer told me that this trustee is one of those that wants to get every penny as he dealt with him in the past and said that everyone pays something with him

After our 341 and the request to up the payment, my attorney told me the trustee will always ask for more money. Sit tight and they can look through it. You haven't left anything out/don't have anything questionable then it should be good in the end. I am hoping the trustee is digging since the lawyer didn't turn everything in and maybe the car accident. I hope it's just that the trustee wondered "did they 'forget' to file anything else?"