Has anyone been through a 2004 examination?

[mdx74]

Husband and I were discharged in october, now all of the sudden the trustee calls for a 2004 examination on Jan 9th. He wantss approximately 30 different records from my husbands business, and cancelled checks from our personal account and business account.

All this by the 6th so he can review...to get our cancelled checks the bank said it will take approx. 2-3wks and will cost close to $1000 just for our personal checks. Basically I'm worried that if we don't have every piece of information he asks for can he revoke our discharge? Also we filed July 31st hes wanting information up to 12-31-06 I'm thinking he's got our case partially mixed up with another because all of the dates are very random. Some stuff he wants from 2001.

I'm about to got nuts waiting for the lawyer to call back, being so close to christmas I can't get ahold of anyone.

[HHM]

Since this is dealing with a business, such a request is not uncommon. I don't think the trustee has got anything confused...but, is the business still operating, did the business operate through the BK?

As for the documents, if you don't comply, yes, the trustee can revoke discharge.

The exam, itself, is like a deposition. You will sit there, the trustee will ask you questions and you will have to answer.

As for what to do...you may need to get a lawyer in involved. The document request is like a Discovery Request...a defense to discovery requests is that they are too burdensome, too costly, and irrelevant. If it were me, I would look into filing a Motion with the Court to Quash the request for the cancelled checks. The other thing you can do, which you probably want to do before you consider a Motion to Quash, is to contact the trustee and inform him of the predicament and see if some agreement can be reached.

Most trustees are accomodating, you can probably get the trutee to push the date back for the Exam.

[mdx74]

Thanks for your reply. Yes the business is still operating,and was operating during the bk7. We can get pretty much all the information he's asking for besides the checks due to the time and cost. I just didnt think he could ask for records past the filing date such as up to 12-31-06 or from 5 years ago.

The reason we thought maybe he got mixed up is because there are a few things he asked for that are from a totally different company name etc that we have no idea what he's talking about.

[HHM]

The reason we thought maybe he got mixed up is because there are a few things he asked for that are from a totally different company name etc that we have no idea what he's talking about.

You might have a point. At the very least, you should probably contact the trustee's office, and use that mistake in their documents as negotiating leverage to get the date pushed back and inform them of the costs involved in getting the cancelled checks.

Also, another clarification, was this a personal BK, a business BK, or both?

[mdx74]

Would it be better to have my attorney call the trustee's office or myself? I just don't want to screw anything up.

This is a personal bk7, I just dont understand why he didn't ask for this information before the discharge or extend the time for discharge.

[HHM]

Would it be better to have my attorney call the trustee's office or myself? I just don't want to screw anything up.

This is a personal bk7, I just dont understand why he didn't ask for this information before the discharge or extend the time for discharge.

If you have an attorney, and the attorney is willing to help (note, he will want to be paid), then you would be better off to go through you attorney. Your first call should be to your attorney to see if he/she is willing to help you, if he is not, then go about contacting the trustee yourself. However, since it's a Thursday before Christmas, good luck getting a hold of your attorney