STEPHEN MITCHELL, Bankruptcy Judge
Before the court is the motion of American Bank for an examination of the debtor under Federal Rule of Bankruptcy Procedure 2004, and the debtor's opposition.
The bank filed two otherwise identical motions, one on September 28, 2000, and one on October 4, 2000.
This chapter 13 case was commenced on September 22, 2000, by the filing of a voluntary petition. The petition was not accompanied by schedules, a statement of financial affairs, or a plan, all of which are due on October 10, 2000. F.R.Bankr.P. 1007(c) and 3015(b). The meeting of creditors is scheduled for October 18, 2000. The motion before the court seeks leave to conduct the examination on October 13, 2000, and to require the debtor to produce certain documents the day prior, that is, October 12, 2000. The debtor objects that the documents the bank is requesting go beyond what he would be required to file as part of his schedules and statement of financial affairs, and he further objects that any Rule 2004 examination should be deferred until after the meeting of creditors.
The 15-day period for filing the schedules, statement of financial affairs, and plan would literally end on Saturday, October 7th. Monday, October 9th, is a federal holiday. Accordingly, the filing date is extended through October 10th. Fed.RBankr.P. 9006(a).
Upon review of the list of documents the bank is seeking to have produced, it would appear that they are all of the type which one would expect the debtor himself to consult in preparing his schedules and statement of financial affairs. The date of the requested production isafter the date the schedules, statement of financial affairs, and plan are required to be filed with this court. Thus, at least on the face of the motion, producing the documents would not appear to impose an undue burden on the debtor.
To be sure, it is somewhat unusual to have a Rule 2004 examination of a debtor prior to the meeting of creditors. However, nothing in the language of the rule prohibits an early examination. Additionally, the court is aware that the actual scheduling and conduct of the meeting of creditors in this district, particularly in chapter 13 cases, leave little time for generalized inquiry by creditors with respect to the debtor's assets. Additionally, nothing either in the motion requesting the examination or in the debtor's opposition suggests any improper motive by the creditor, such as harassment or to obtain discovery for use in another forum. For that reason, the debtor's objection will be overruled, and a separate order will be entered authorizing the examination.