Rule 2004 Examinations in Bankruptcy

A Rule 2004 Examination is an examination of the debtor, separate and distinct from the 341 meeting of creditors’ examination. It all begins with a Motion from a party in interest and the Court’s granting of the examination. A subpoena is served compelling the attendance of the debtor along with certain documentation is many cases.

The scope of the examination must relate to the acts, conduct or property, or to the liabilities and financial condition of the debtor. Additionally, it may relate to any matter which could affect the administration of the debtor’s estate or of the debtor’s right to a discharge.

The Rule 2004 Examination is a discovery tool and the testimony given at that examination can be used in a subsequent Adversary complaint. Lastly, the debtor may invoke privileges afforded under the 5th Amendment to the United States Constitution.