2004 EXAMINATION OF JUDGEMENT DEBTOR
Within a bankruptcy case, a creditor is entitled to take the deposition of the debtor. The process is similar to depositions in a traditional state court post-judgment sense, but Rule 2004 of the Bankruptcy Rules of Procedure offers tremendous latitude for the creditor. Creditors are allowed to examine a judgment debtor concerning many facets of the debtor’s finances. This can be useful to determine if fraudulent transfers occurred between the debtor and third parties prior to the debtor filing bankruptcy.
Rule 2004 in the Federal Rules of Bankruptcy Procedure enables any “interested individual” to require someone else to testify and produce documents on any matters related to a debtor’s bankruptcy. This involves a detailed investigation of issues related to a judgment debtor bankruptcy.