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How often can a debtor be scheduled for a debtor's exam.

Costa Mesa, CA |

Already had one in October, attorney scheduled a new one for 11/29

Attorney Answers 4

Posted

You can obtain an order for appearance of judgment debtor as a matter of right once every 120 days, more often for good cause. CCP 708.110.

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Posted

If you are referring to the meeting of creditors, and not an examination under Bankrtupcy Rule 2004, the trustee and/or his counsel can repeatedly continue it until they trustee has met his duty under the Bankruptcy Code to examine the debtor and his assets. The meeting of creditors is not concluded unless it has been adjourned by the trustee or his/her counsel. It's usually continued if the trustee has additional questions or has requested documents.

I am only licensed in the state of Illinois. This is only my general observation about the law and my experiences as a practicing attorney. This is not legal advice and should not be construed as legal advice. This does not create an attorney client relationship. If you wish to obtain legal advice or create an attorney-client relationship, then you should directly contact a lawyer licensed in your state who you believe possesses the knowledge and experience to assist you with your case.

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Mr. Daymude is, always, thoroughly accurate.

The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.

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3 lawyers agree

Posted

Debtors exams can generally be scheduled as often as is reasonable. If new information has been identified, a new can also be scheduled. Your rights in a debtors exam are seriously at risk. If you don't have an attorney you should give consideration to getting one.

Good luck.

Evan A. Nielsen
1255 W. Colton Ave., #506 | Redlands, CA 92374
Main: 909.363.4658 | Fax: 480.304.3211
Evan.Nielsen@NielsenLawGroup.net
www.NielsenLawGroup.net

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Evan A. Nielsen is licensed to practice law in California. The information provided here is for educational purposes only and is not intended as legal advice for a particular matter. This response does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult an attorney.

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