Floob,
You asked to what I rely upon. It’s experience. Dealing with production issues such as yours is what I do. Handling matters pro se will be very difficult for you as you are "expected" to have the knowledge of an attny. I do understand that securing representation is costly and may be out of your reach so hopefully the following will point you in the correct direction.
Please remember, I can only assist in a very small way and cannot comment on how to follow the Rules of Bankruptcy Procedure as opposed to the Federal Rules of Civil Procedure (most, but not all, of which is applicable in bk.) I can tell you that if an AP has been filed your thought process is headed in the right direction. However, you comments (or at least the way you phrase them), are a bit confusing. Has a Complaint under 523/727 been filed or has the creditor simply obtained an extension of the deadline in which to file such a Complaint?
If an actual Complaint has been filed, you might want to begin your search for case law with the following. . .
In re Intern. Fibercom, Inc., 283 B.R. 290 (Bankr.Ariz., 2002)
While it dealt with litigation pending in another forum Judge Haines was quick to point out that “the purpose of the "pending litigation" rule would not be served by precluding discovery here. The reason for the rule is to avoid Rule 2004 usurping the narrower rules for discovery in a pending adversary proceeding. See, e.g., First Fin. Sav. Assoc. v. Kipp (In re Kipp) 86 B.R. 490 (Bankr. W.D.Tex 1988)(stating that once an adversary proceeding is initiated, a party to it "could no longer use Rule 2004 to obtain discovery relevant to the adversary"). However, the court holds the ultimate discretion whether to permit the use of Rule 2004, and courts have for various reasons done so despite the existence of other pending litigation (In re M4 Enters, Inc. (Bankr. N.D.Ga 1955)”
So, while I have given you one case, although not in your jurisdiction, hopefully you can run with it. Just remember, it will ultimately be up to your judge.
If an actual Complaint has not been filed, the sky is the limit. You might want to pull the following unpublished decision from your State. If you have access to PACER you can get a copy of the decision to see if it has any useful info.
In re Thow, No. 05-30432 (Bankr. W.D.Wash. 12/14/2007) (Bankr. W.D.Wash., 2007)
"Rule 2004 examinations are generally broader in scope than pre-trial depositions authorized under FRCP 26, being "in the nature of a fishing expedition." In re Apex Oil Co 101 BR 92, 102 (Bankr. E.D. Mo 1986)"
Best of luck.
Des.

