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Chpt 7 Discharged but now Rule 2004 Examination

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    Chpt 7 Discharged but now Rule 2004 Examination

    Can someone please let me know what I should think about this situation because I have no idea what this is about. I thought the case was finished and I could move on. Here is the situation. I filed chapter 7 bk and was ordered a discharge in June but in July the trustee ordered a Rule 2004 examination. It has to do with withdrawn money from checking account before filing bankruptcy and the trustee wants to see how the money was spent. I really appreciate your help on this question. I just want this to be over already. Thanks again.

    What is a Rules 2004 Exam about?
    Can it or does it change the discharge status?
    What can I expect at the Rules 2004 meeting with the trustee? Who will be there?
    Last edited by questions; 08-08-2010, 11:06 AM. Reason: Grammar corrections

    #2
    A 2004 exam is a deposition. The Trustee wants to determine if he can recover any assets (cash included) for the benefit of the estate. If you had "large" withdrawals from the bank the Trustee wants to know where the $$ went. If it went to pay normal living expenses there is no problem. If the $$ was went to a family member or you cannot account for the majority of it, big problem.

    Your discharge is safe unless you do not cooperate. Trustee has the right to seek to revoke a discharge if you hid assets.

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      #3
      It has to do with money I withdrew from the checking account before the bk was filed. The trustee wants to see how the money was spent. The trustee requested copies of the checks at the 341 meeting and apparently my lawyer did not mail them. I provided my lawyer with all the requested material for the trustee right after the 341 meeting. I recently contacted my lawyer and spoke to my lawyer's secretary who told me my lawyer was mailing the material this week. What should I do? All thoughts are greatly appreciated!!!!!!!!!

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        #4
        My guess - once the Trustee's attny reviews the info you will not have to attend the deposition. It sounds like the Trustee got tired of waiting and was forced to file something to move things along. Follow up with your attny in a few days to make sure the info was sent. Then wait a few more days and have your attny check to see if you really need to go to the deposition.

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          #5
          Thanks again for your help. That is what my attorney's secretary said. They mailed the requested information this week and they are going to call the trustee this week to see if they received the material and if anything else is needed. She said hopefully I won't have to go to the 2004 exam at all after the trustee gets what she requested. I sure hope so. Any other advice you can provide me with?

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            #6
            In response to:

            "Any other advice you can provide me with?"

            Just sit tight. Will probably be fine.

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              #7
              Thank you, I'm trying just want some peace of mind.

              Comment

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