DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
036034P.pdf 01/07/2004 Motor Coach Ind. v. Wayne Drewes
U.S. Court of Appeals Case No: 03-6034
District of North Dakota
Bankruptcy Appellate Panel. Bankruptcy court order authorizing
trustee to conduct a Rule 2004 examination of the debtor's former
employee is reversed; while the bankruptcy court acted within its
discretion in ordering the exam, the parties have stipulated, for purposes
of the appeal, that debtor's claim against the employer did not arise until
after the debtor had filed her petition and converted her case to a Chapter
7; as a result, it is now apparent that the claim is not part of the
bankruptcy estate, and the order authorizing the exam should be reversed.
(PUBLISHED)