Any party in interest in a bankruptcy case can take the deposition of any other party in interest. This is called a Rule 2004 exam, because that’s the name of the bankruptcy rule that gives the authority for that kind of deposition. These examinations can be had even if nobody has been sued.
These examinations are frequently called “fishing expeditions”, because people who want the information can ask almost any question they want, as long as the question relates to the income, expenses, assets, and liabilities of a debtor, or the debtor’s right to a discharge. As long as the questions involve those topics, then the person can ask any question they want in a deposition, and the witness is going to have to answer those questions under oath.
Thoughts from a Maryland Bankruptcy Lawyer
Ronald J. Drescher
Drescher & Associates, P.A
4 Reservoir Circle
Baltimore, MD 21208
Fax (410) 484-8120
Practicing in Maryland, Delaware, Virginia, Pennsylvania