My attorney went to the pre-trial telephonic conference and this is what the Amex attorneys want me to put together within 30 days!! ALL FOR $6900!!!!! I would rather pay that then have to dig up all this SHIT! ( sorry for that but it really is )
Check this out...and this is only 1/2 of it...
Requests For Production Of Documents
1. For the year in which you filed your Bankruptcy Petition and for the preceding two (2) years, provide copies of the following:
a. Your personal Federal Income Tax Returns, Schedules and Attachments;
b. Your amended Federal Income Tax Returns, Schedules and Attachments, if any;
c.
Your quarterly estimated Federal Income Tax Returns, if any;
d. Your W-2 forms, if any;
e. Your 1099 forms, if any;
f. Any and all tax returns for any corporation or business in which you hold or held a 10% or greater interest, including but not limited to the company you have listed on your American Express Corporate Card.
2. All documents which relate to the specific credit, charge, or line of credit account identified in the Complaint, including but not limited to, sales receipts for merchandise and/or services purchased.
3. All documents which indicate a change in your financial condition between the time you incurred the charge(s) identified in the Complaint and the date you filed your Bankruptcy Petition, including but not limited to your employment records for January 1, 2006 through October of 2007.
4. Photocopies of all canceled checks made payable by you, or made payable by another on your behalf, to any attorney, law firm or other entity for bankruptcy, debt collection, and/or credit counseling services.
5. Account statements for each of the twelve (12) months preceding the filing of your Bankruptcy Petition for all unsecured, nonpriority debt which is credit, charge, or line of credit
debt as listed on Schedule F.
6. All receipts and invoices pertaining to services obtained by you within the twelve (12) months immediately preceding the filing of your Bankruptcy Petition which relate to bankruptcy, debt collection or credit counseling.
7. All canceled check(s), checking account statements and check(s) returned for insufficient funds for each checking account maintained by you individually or jointly during the twelve (12) month period immediately preceding the date you filed your Bankruptcy Petition.
8. All books and records which evidence your income from all sources for the twenty-four (24) months immediately preceding the filing of your Bankruptcy Petition, including but not limited to pay stubs, bonuses, benefits, reimbursements, interest and dividends.
9. All amendments, if any, to your Bankruptcy Petition, Statement of Financial Affairs and supporting Schedules.
10. All letters received from creditors or collection agencies during the twelve (12) month period immediately preceding the filing of your Bankruptcy Petition concerning past due and/or delinquent credit, charge or line of credit account(s).
11. All documents and exhibits you intend to introduce or refer to at trial.
12. All documents you intend to rely on in support of your defense of this adversary proceeding.
13. All documents which indicate any change in your monthly income in the twelve (12) month period immediately preceding the filing of your Bankruptcy Petition.
14. All reports of expert witnesses you intend to call at trial.
15. All documents which support your answers to Plaintiff First Set of Interrogatories.
16. Copies of all applications that you have made and given to anyone or any entity within the last twelve (12) month period immediately preceding the filing of your Bankruptcy Petition for credit in any form. This request includes but is not limited to mortgages, secured loans, credit, charge and line of credit account.
17. Copies of all financial statements that you have made and given to anyone or any entity within the last twelve (12) month period immediately preceding the filing of your Bankruptcy Petition for credit in any form. This request includes but is not limited to mortgages, secured loans, credit, charge and line of credit accounts.
18. All records for any financial accounts in which you hold an interest solely or with any other individual or entity for the twelve (12) months preceding the filing of the bankruptcy. This request includes but is not limited to checking accounts, savings accounts, money market accounts, stock accounts, and any other account in which funds are deposited. This request includes but is not limited to statements of account, deposit records, cancelled checks, and records of withdrawals.
19. All documents supporting your contention that the charges at issue for goods and services charged on your account were reasonably necessary for your maintenance and support.
20. All documents showing you had sufficient income and assets from which you could have reasonably expected to repay American Express for the charges at issue.
21. All documents showing you intended to honor your obligation to American Express to satisfy the account.
22. All documents supporting your contention that American Express has not sustained loss and damage in the amount of $6,962.34 as a result of your misrepresentations.
23. All documents supporting your contention that the charges at issue were not incurred without intent to repay American Express.
24. All documents supporting your contention that you intended to repay American Express for the charges at issue.
25. All documents supporting your contention that charges at issue were not incurred through false pretenses, a false representation or actual fraud.
As a proximate result of extending credit based on your misrepresentations, American Express has sustained loss and damage in the amount of $6,962.34 on the Account.
They want this by May 8th!!! Has anyone ever seen anything like this in their life? I'm crapping myself right now....!!
Check this out...and this is only 1/2 of it...
Requests For Production Of Documents
1. For the year in which you filed your Bankruptcy Petition and for the preceding two (2) years, provide copies of the following:
a. Your personal Federal Income Tax Returns, Schedules and Attachments;
b. Your amended Federal Income Tax Returns, Schedules and Attachments, if any;
c.
Your quarterly estimated Federal Income Tax Returns, if any;
d. Your W-2 forms, if any;
e. Your 1099 forms, if any;
f. Any and all tax returns for any corporation or business in which you hold or held a 10% or greater interest, including but not limited to the company you have listed on your American Express Corporate Card.
2. All documents which relate to the specific credit, charge, or line of credit account identified in the Complaint, including but not limited to, sales receipts for merchandise and/or services purchased.
3. All documents which indicate a change in your financial condition between the time you incurred the charge(s) identified in the Complaint and the date you filed your Bankruptcy Petition, including but not limited to your employment records for January 1, 2006 through October of 2007.
4. Photocopies of all canceled checks made payable by you, or made payable by another on your behalf, to any attorney, law firm or other entity for bankruptcy, debt collection, and/or credit counseling services.
5. Account statements for each of the twelve (12) months preceding the filing of your Bankruptcy Petition for all unsecured, nonpriority debt which is credit, charge, or line of credit
debt as listed on Schedule F.
6. All receipts and invoices pertaining to services obtained by you within the twelve (12) months immediately preceding the filing of your Bankruptcy Petition which relate to bankruptcy, debt collection or credit counseling.
7. All canceled check(s), checking account statements and check(s) returned for insufficient funds for each checking account maintained by you individually or jointly during the twelve (12) month period immediately preceding the date you filed your Bankruptcy Petition.
8. All books and records which evidence your income from all sources for the twenty-four (24) months immediately preceding the filing of your Bankruptcy Petition, including but not limited to pay stubs, bonuses, benefits, reimbursements, interest and dividends.
9. All amendments, if any, to your Bankruptcy Petition, Statement of Financial Affairs and supporting Schedules.
10. All letters received from creditors or collection agencies during the twelve (12) month period immediately preceding the filing of your Bankruptcy Petition concerning past due and/or delinquent credit, charge or line of credit account(s).
11. All documents and exhibits you intend to introduce or refer to at trial.
12. All documents you intend to rely on in support of your defense of this adversary proceeding.
13. All documents which indicate any change in your monthly income in the twelve (12) month period immediately preceding the filing of your Bankruptcy Petition.
14. All reports of expert witnesses you intend to call at trial.
15. All documents which support your answers to Plaintiff First Set of Interrogatories.
16. Copies of all applications that you have made and given to anyone or any entity within the last twelve (12) month period immediately preceding the filing of your Bankruptcy Petition for credit in any form. This request includes but is not limited to mortgages, secured loans, credit, charge and line of credit account.
17. Copies of all financial statements that you have made and given to anyone or any entity within the last twelve (12) month period immediately preceding the filing of your Bankruptcy Petition for credit in any form. This request includes but is not limited to mortgages, secured loans, credit, charge and line of credit accounts.
18. All records for any financial accounts in which you hold an interest solely or with any other individual or entity for the twelve (12) months preceding the filing of the bankruptcy. This request includes but is not limited to checking accounts, savings accounts, money market accounts, stock accounts, and any other account in which funds are deposited. This request includes but is not limited to statements of account, deposit records, cancelled checks, and records of withdrawals.
19. All documents supporting your contention that the charges at issue for goods and services charged on your account were reasonably necessary for your maintenance and support.
20. All documents showing you had sufficient income and assets from which you could have reasonably expected to repay American Express for the charges at issue.
21. All documents showing you intended to honor your obligation to American Express to satisfy the account.
22. All documents supporting your contention that American Express has not sustained loss and damage in the amount of $6,962.34 as a result of your misrepresentations.
23. All documents supporting your contention that the charges at issue were not incurred without intent to repay American Express.
24. All documents supporting your contention that you intended to repay American Express for the charges at issue.
25. All documents supporting your contention that charges at issue were not incurred through false pretenses, a false representation or actual fraud.
As a proximate result of extending credit based on your misrepresentations, American Express has sustained loss and damage in the amount of $6,962.34 on the Account.
They want this by May 8th!!! Has anyone ever seen anything like this in their life? I'm crapping myself right now....!!
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