25 B 11977
Two entities that filed proofs of claim sought court authority to take Rule 2004 examinations.  The subjects of the Rule 2004 examinations objected.  HELD:  Pursuant to Fed. R. Bankr. P. 2004, any “party in interest” may request “the examination of any entity.”  The phrase “party in interest” is broadly interpreted and includes these creditors, even though objections to their claims were later filed.   The “pending proceeding rule” did not bar the requested relief, although it may be relevant if a party subsequently asks the court to decide a motion brought under Fed. R. Civ. P. 45(d).  To the extent the respondents raised objections to specific questions or document requests, the court would address those objections when brought at the appropriate time in accordance with the applicable rules.  Since the requested areas of investigation fell within the broad scope of the Rule, the court granted the motion.