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Old 05-27-2009, 03:28 PM
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2004 Examination vs. discovery granted in Adversary Proceeding


What is the name of your state (only U.S. law)? AZ

So I went to my debtor's 341 meeting yesterday and really couldn't ask much. There were over 80 cases for the Trustee to get through.

I know that I am entitled to file a motion for a rule 2004 examination. I had already filed an adversary complaint. I'm unsure my debtors are even going to ANSWER the complaint....which is due middle of next month.

The 341 didn't go well for the debtors. I had notified the case trustee and U.S. Trustee of the fraud and attempted fraud on the court concerning their schedules and oaths. They admitted that their schedules were not true and correct and that they needed to amend them "due to it being brought to their attention by the Adversary Complaint." YIKES! That didn't go over well with the trustee.

The debtors further ended up perjuring themselves at the 341 meeting and it was obvious the trustee was aware. I'm confident their case will be passed to the U.S. Trustee.

So I guess I have a few questions--if the U.S. Trustee gets involved and dismisses their case with prejudjice and follows up with all the relevant criminal and/or civil action, what will happen with my AP?

Obviously I need answers to specific questions. Since I already have an AP, I assume I will get much of the information and documentation I require through discovery (granted the debtors cooperate). Would I get that more quickly with a 2004 Examination?
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