Rule 2004 Chapter 13 questions

[Twrecked123]

Hi everyone, I’m new to the forum and wanted to know how long does a rule 2004 exam lasts and what happens? My husband and I filed a chapter 13 and at the 341 meeting a creditor requested a 2004 exam with my husband as my husband was sued and lost and of course we couldn’t afford the judgment of 152k
Any info would be welcomed and I am so happy to have found this forum.

[despritfreya]

A creditor stating at the 341 that he/she/it wants a 2004 exam is a bit different than actually filing a Motion for a Rule 2004 Exam. Has this creditor filed a Motion?

The Motion will tell you what the creditor wants. It could be a bunch of financial documents. It could be just a deposition. It could be both.

As to the length of a deposition, there is no standard as to how long it will last. I have been in depositions that lasted 1 hour, yet others have lasted several hours. It just depends upon the case.

Des.

[Twrecked123]

Thank you Des
Strange as they set up the date for the 2004 at the 341. Why would they do that?

[despritfreya]

Sounds like this is either a continued 341 or the creditor had already filed a Motion under Rule 2004 and obtained a Court Order. Ask your attorney.

Please note that the Trustee, while he/she can continue the 341 meeting, he/she has no ability to enter an Order approving a Motion under Rule 2004.

See:

https://www.law.cornell.edu/rules/frbp/rule_2004

Des.