Can a Florida Bankruptcy Trustee set a 2004 Examination if my discharge has already gone through?
Pursuant to Section 341 of the Bankruptcy Code, a meeting is held where all the creditors - or appointed representatives - attend, the debtor is also required to attend this meeting. The purpose of this meeting is for the appointed trustee to examine the debtor while under oath regarding information that is been filed with the court (i.e., debtor's financial status and affairs and other relevant matters as to the administrations of the debtor's estate). If a creditor wishes to have a more in-depth examination of the debtor, the creditor typically requests a Rule 2004 examination from the court.
A discharge is one of the primary benefits and forms of relief under the Bankruptcy Code. A discharge is a statutory injunction against the commencement or continuations of any action to collect, recover or offset debts owed to creditors. The timing a debtor receives his/her discharge depends on the type of bankruptcy filed (i.e., Chapter 7 vs. Chapter 13). Although a discharge is essential to the "fresh start" debtors receive, a discharge can be denied or revoked by the court in certain situations. For example, a trustee is required to timely file a 2004 Examination. If not the request is not filed timely the examination is considered waived. Therefore, as a practical tactic, trustees file the request timely in order to avoid waving the examination. These requests, however, should be reasonable. Therefore, it is wise to seek representation of a Bankruptcy Attorney who can review these requests for reasonableness and make any objections to the request if proper. Contact Wood, Atter & Wolf, P.A., to speak with a Bankruptcy Attorney.
Greg Gilbert
Keith Maynard
