2004 Exam and Motion to Dismiss

[mscrusader]

Got a question... I successfully got an order to conduct a Rule 2004 exam on a Debtor in a bankruptcy case (I am a creditor) and the Debtor has filed a motion to dismiss. If the case is dismissed, do I still have a right to conduct the 2004 exam?

[despritfreya]

If the case is dismissed the Bk Court no longer has jurisdiction therefore any 2004 exam is off. If the case is dismissed you are free to pursue collections under state law.

Des.