RULE 2004 EXAMINATION FLORIDA

Many bankruptcy Clients are interested in understanding what exactly a 2004 Examination is. While a bankruptcy case is pending, any person with an interest to your bankruptcy mayinvestigate items relating to your bankruptcy. When this type of investigationis needed, a 2004 Examination will be scheduled.  A 2004 Examination allows any parties with an interest to the estate of bankruptcy to testify and/or produce additional documents.

A party with an interest to the estate of bankruptcy may include you, the Debtor, or any party in relation to your bankruptcy such as the Trustee or Creditor.

A 2004 Examination is  more in depth and involved than a 341 meeting of creditors. The 2004 Examination
may be requested by your bankruptcy Trustee or any of your creditors.

If a Trustee requests a 2004 Examination it may be to investigate:

  • Assets that may not have been disclosed
  • Fraud
  • Financial transactions
  • Accuracy of bankruptcy petition

If a Creditor requests a 2004 Examination it may be to investigate:

  • Property that has not been disclosed
  • Fraud on credit card application
  • Purchases made shortly prior to bankruptcy filing

It is important when filing a bankruptcy petition to be as clear and truthful as possible. The more information you disclose the less likely you are to have a 2004 Examination scheduled.

Ray Garcia, Esq.

Board Certified in Real Estate Law

by the Florida Bar

www.raygarcialaw.com