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What to expect at a 2004 deposition

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    What to expect at a 2004 deposition

    Hi all, as some of you are aware from my last thread, the UST has NOW scheduled at 2004 deposition. Can anyone please explain to me what is going to happen? Is it like a 341? It is a kinda of time limit? Or are we in for the long day of question? This person is a trail attorney, so is he going to gobble me up? I wonder if my attorney will come or if he will send the same weirdo that looks like the Blues Brothers. Seriously. When we were at our 341 I looked over and whispered to my hubby look at the attorney, he looks liek the blues brothers, we laughed, BUT would ya think, the SOB was an attorney stand in for mine. I thought, Good GOD!!!!!!!!!!!! LOL... Now i am going to again have words with my attorney about the 2004 depo. I guarantee he will not come to that either.

    Should I have an attorney there?

    Anyone who can give me a step by step of what to expect would honestly be my hero... LOL..Thanks

    #2
    Bump...
    AM i the only SOB that has to go thru this....LOL someone, anyone, hello,

    Comment


      #3
      Hey girly,

      I found this, you might find it interesting.

      http://www.************************/...t-a-2004-exam/

      DD

      Comment


        #4
        I did a little research on the 2004 examination.

        It seems to be similar to a 341, but much more broad in scope . A creditor can even request a 2004 exam, to question the debtor about a certain debt and to determine dischargability. It is held under oath, under penalty of perjury and it looks as if they basically dig a little deeper into your financial affairs.

        It seems to be similar to a debtors exam in a civil case, when a creditor is looking to resolve a judgement and get paid.

        If you gather all of your requested info and prepare yourself for any questions the trustee may ask, you should be fine.

        I suppose if it were me, I would go through all of my receipts and statements and be ready to back up any expenditure/deposit/payment with a qualified answer.

        Maybe you can prepare with your husband to try and anticipate any question the UST may have. If something looks like it might not fly, find supporting documentation to back up your claim.

        IF you have all the requested info the UST needs and your numbers fit into a 7,, you should be fine.

        Comment


          #5
          Jesse,
          go back to the last thread. I thought I seen one of the "cats" describe their experience. If not, sorry

          Comment


            #6
            No direct experience w/ Rule 2004 Exam, but I do have a suggestion. Do some brainstorming and write a list of all the questions you think the UST is likely to ask. Don't worry about the answers until later, just jot the questions down. Go through all the documents the UST has in their hands and note anything (such as deposits on a bank statement) that looks "interesting". A few days before, start preparing answers (index cards are good). Limit the answers as much as you can, giving no more information than is absolutely necessary.

            I know this sounds ridiculous, but my DH and I quizzed each other out loud a few days before round 2 with the UST attorney and I really believe it helped. We felt more confident, less terrified, and it prevented us from giving any answers that would prompt more questions. The UST attorney is going to spend HOURS sifting through all of your documents and so should you. Study up - it's worth it!

            Comment


              #7
              Thanks help - do you know how long these usually take?

              Comment


                #8
                Originally posted by dingdong View Post
                I did a little research on the 2004 examination.

                It seems to be similar to a 341, but much more broad in scope . A creditor can even request a 2004 exam, to question the debtor about a certain debt and to determine dischargability. It is held under oath, under penalty of perjury and it looks as if they basically dig a little deeper into your financial affairs.

                It seems to be similar to a debtors exam in a civil case, when a creditor is looking to resolve a judgement and get paid.

                If you gather all of your requested info and prepare yourself for any questions the trustee may ask, you should be fine.

                I suppose if it were me, I would go through all of my receipts and statements and be ready to back up any expenditure/deposit/payment with a qualified answer.

                Maybe you can prepare with your husband to try and anticipate any question the UST may have. If something looks like it might not fly, find supporting documentation to back up your claim.

                IF you have all the requested info the UST needs and your numbers fit into a 7,, you should be fine.

                The funny part about all of this is he has had the same information that he is requesting since Oct. 2008.!!!!!!!!!! Not sure what the hell is going on

                Comment


                  #9
                  Originally posted by jessegirl View Post
                  Thanks help - do you know how long these usually take?
                  I don't know about 2004 examinations - maybe AngelinaCat and/or 'Hub can tell you how long theirs took. Our second UST grilling took place in the courtroom and we went back and forth for a half hour in front of a courtroom full of people. I would have rather had the 2004 examination!

                  Comment


                    #10
                    Originally posted by Help! View Post
                    I don't know about 2004 examinations - maybe AngelinaCat and/or 'Hub can tell you how long theirs took. Our second UST grilling took place in the courtroom and we went back and forth for a half hour in front of a courtroom full of people. I would have rather had the 2004 examination!
                    OMG Help - Gee, I really feel for you. I would of died if I have to go before a court room full of people.....

                    Comment


                      #11
                      OMG I hope I don't have to go before a courtroom full of people.
                      Filed Chap. 7 1/11/09
                      341 2/14/09; later declared asset case
                      Discharged 5/18/09
                      Asset case - still no payment plan proposed

                      Comment

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