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Can a Trustee in a Ch. 7 BK request a F.R.B.P 2004 Examination if an Adversary litigation has already been filed?

Phoenix, AZ |

A judge granted a trustee's application for an F.R.B.P 2004 examination. Later, but before the depositions have been taken, the trustee opens an Adversary proceeding. Does the trustee now have to follow the rules of discovery for an adversary case or is he still entitled to the broad "fishing expedition" granted in the Rule 2004? What rules apply to this and what arguments can be used to oppose the 2004 examination?

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Attorney answers 1


This is a situation where you need counsel to represent your issues. While a Rule 2004 exam is a "fishing expedition" it generally to to relate to the administrative portion of a bankruptcy. If there is an adversary proceeding any discovery specific to the claims and defenses therein should be conducted in the adversary proceeding.