Brentwood, TN asked in Bankruptcy for Tennessee

Q: Need URGENT advice for a Bankruptcy 2004 Examination on 10/14 that the US Trustee refuses to reschedule

I am a 75 y/o senior who filed emergency Chapter 7 bankruptcy Pro Se on 8/10/22 in Williamson County, TN, to stop a foreclosure sale. I have not filed financial schedules but the Trustee closed my bank account containing only proceeds from my husband's life insurance and took every penny, leaving only a small monthly Social Security check in another account. The Trustees are refusing to dismiss the case and return the funds so that I can pay for legal assistance. Also, a US Trustee is refusing to reschedule a 2004 Examination on 10/14...two days from now! I need advice as to what to expect from this 2004 hearing. This has caused a lot of stress and anxiety and affected my health....high blood pressure, increased cardiac arrhythmias and flareups of painful IBS. I am attempting to obtain legal assistance via Legal Aid Society and TN Alliance for Legal Services.

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1 Lawyer Answer
Cristina M. Lipan
Cristina M. Lipan
  • Bankruptcy Lawyer
  • Wantagh, NY

A: The purpose of the 2004 exam is to question you regarding potential assets of the bankruptcy estate. They will ask questions about financial accounts, the life insurance, and other assets. They will ask for copies of your records, and other information that you may know. It is a deposition, but the Bankruptcy Code allows questioning of pretty much everything (likened to a fishing expedition), so you might be questioned about things you don't understand the connection to.

If this is a 2004 exam and not just the usual 341 Meeting (I'm assuming you are not confusing these 2 examinations), it means the Trustee probably has very specific concerns, especially since it's been scheduled so quickly after filing. The 2004 would have been through Court order, which usually requires a certain amount of notice to the other party (at least 14 days, usually up to 30 days).

You need to retain a bankruptcy attorney ASAP. It does not sound as though you will be able to handle this yourself.

Anthony M. Avery agrees with this answer

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