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
