Hi guys...after the motion to dismiss here is where we stand....we have to give a depo tp the trustee on dec 10th..has anyone go through this? What kind of questions will be there? Do we bring anything? Any tips? Anyone?
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I don't believe anyone can really answer your questions. Apparently there is a question as to whether or not filing the 7 is an "abuse". All I can say is that you answer the questions truthfully. If it turns out that you did no qualify for the 7 then your case will be dismissed. Such is not a "lose-lose" situation. It only means that at the time you filed you did not qualify and/or you cannot show that the 7 is not a current abuse. Maybe your situation will change and you will qualify for a 7 sometime in the future. If not then you can do either a 13 or an 11.
Best of luck.
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Hi italiana66,
Have you had your 341 yet? Has anyone filed an AP (adversary proceeding) in your case?
The deposition means they want to have your answers on the record. I mentioned the 341 b/c what you say there is recorded for the record too. What you answered at the 341 should match what you say at the deposition. From what I have read, depositions seem common in APs, so if you have one that might be a clue.
Do you have a lawyer? If not, it sounds like it would be time to get one.....
Tom in Colo
ps: is the court in Santa Fe or Albuquerque? Just curious, grew up in southern NMCh7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010Comment
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Hi Tom,
lol yes its in ABQ..yes had the 341 back in march...trustee filed a motion to dismiss although we passed the mean test...we fought it and he gave us a list of interrogatories with additional docs...plus a report from my neurosurgeon regarding my medical condition...now he wants to talk to us...i was just wondering how the depo works..yes we have a lawyer and he said he will prepare us on our way to ABQComment
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