My name is Ron Drescher. I’m an attorney practicing
bankruptcy and commercial litigation in Maryland, Delaware, Pennsylvania, and Virginia, and
today I want to answer the question I’m involved in somebody’s bankruptcy case and nobody has
sued me, but they want to take my deposition, can they? Well, the answer to that question
is yes. Any party in interest in a bankruptcy case can take the deposition of any other
party in interest. That’s 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 sued anybody, and it’s called a fishing expedition, which means that
the 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 you’re going to have to answer
those questions under oath. My name is Ron Drescher. I’m attorney practicing bankruptcy
and commercial litigation, and if you have a question about any of the matters I raised
in this video, please pick up the phone and call. I’d love to hear from you.