Humberto T Gonzales

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
HUMBERTO T GONZALES,
Debtor.
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Case No. 07-00466
(Chapter 11)
Not for Publication in
West’s Bankruptcy Reporter
MEMORANDUM DECISION AND
ORDER RE MOTION FOR RULE 2004 EXAMINATION
Under consideration is the motion of Sean Newman for a Rule
2004 examination of the debtor, and the debtor’s opposition
thereto (which appears to have been filed out of time). 	Rule
45(a)(2) and (3) of the Federal Rules of Civil Procedure,
applicable to a Rule 2004 examination, contemplate that an
examination of the debtor or a production of documents shall take
place within the district whence the order authorizing such
issued, and, accordingly, the debtor is correct that the
examination ought to occur in this district. 	Despite the
untimeliness of the debtor’s opposition, the court will sustain
that part of the opposition.
The debtor also objects to the examination being held just
two days after his response to the motion was filed. 	But that
The order below is hereby signed.
Signed: February 11, 2008.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
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short time period arose from the debtor’s belatedness in filing
his opposition. 	The deadline for complaints for the
determination of nondischargeability of certain types of debts
held by Newman expires on February 19, 2008 (because February 18,
2008, is a Federal holiday). 	The debtor’s objection to the
potential merits of such a complaint are not germane to whether a
Rule 2004 examination should proceed. 	The debtor’s belated
response (which the court did not notice until recently was out
of time) delayed the entry of an order that otherwise would have
issued some time ago, and which would have resulted in the
examination being completed prior to the complaint deadline.
Newman’s examination of the debtor and his records should proceed
prior to the expiration of the deadline of February 19, 2008, and
if conflicts in counsels’ schedules make that impossible, the
court would look sympathetically on a timely request by February
19, 2008, for a further extension of the deadline for a complaint
to determine the dischargeability of debts.
It is thus
ORDERED that the debtor shall appear for an examination
under Rule 2004 on February 15, 2008 at 10:30 a.m.--or such other
date and time to which the parties may agree or that Newman’s
counsel may specify in writing delivered on a business day to
debtor’s counsel (via e-mail or fax or hand-delivery) at least 3
days prior to the examination--at a location in Washington, D.C.
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specified by Newman’s counsel in writing (via e-mail or fax or
hand-delivery) to the debtor’s counsel by noon on February 14,
2008 (or such other location to which the parties may agree). 	It
is further
ORDERED that on February 14, 2008 (or such other date to
which the parties agree or that Newman’s counsel specifies in
writing on a business day at least 3 days beforehand) Debtor
Humberto T. Gonzales a/k/a Humberto T. Gonzalez shall produce and
deliver for examination and photocopying the following documents
listed, at a time and to a location in Washington, D.C. specified
by Newman’s counsel in a writing delivered to debtor’s counsel by
noon on February 13, 2008 (or on a business day at least 3 days
beforehand), or such time and location as to which the parties
may agree:
all documents relating to the security offered for the
debt owed to Newman in the original principal amount of
$700,000.00 loaned to the Debtor, Francisco Gonzalez
a/k/a Gonzales and Felina Gonzalez/Gonzales, including
but not limited to, any deeds of trust, mortgages,
notes, powers of attorney, HUD-1’s, loan closing
instructions, commitments, commitments, policies, as
well as any correspondence regarding said loan and
security agreements including electronic mail and other
electronically-stored documents and communications, and
any and all documents including electronic mail or
other electronic transmissions evidencing
communications with Francisco and/or Felina Gonzalez
regarding said loan and the security for the same
including but not limited to any real property owned by
them in Broward or Miami-Dade County, Florida.
[Signed and dated above.]
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4	O:\Judge Temp Docs\Gonzales (Humberto) Order re Rule 2004 Examination Motion.wpd
Copies to: Debtor; Debtor’s attorney; Office of United States
Trustee; David A. Rosen, Esq.
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