Please Help: Creditor Request for a Deposition

[Trying2Smile]

Unforunately, the attorney I hired for my bankruptcy has been awful... Makes me want to cry how I spent all this money and she's so incredibly rude to me. But this is the situation I'm faced with now and was hoping the amazingly informed people on this site could help me since she hasn't given me much info

My case was filed on 2/26/14 and the last date to challenge is 6/6/14. My attorney contacted me today and told me a creditor has requested a deposition for May 30. This is a creditor that I anticipated contesting the discharge - I took out a loan from them that was supposed to be secured by my car, however I never sent them the car title. I ended up getting another loan with the car as collateral later and that lender has the title. I also have another $25,000 in unsecured loans with this same lender. I took out all of these loans within a short period of time...

Do you know what this deposition is going to entail? Am I going to get any information from them before so that I can be more prepared? From what I've read online, I think this might be a 2004 examination... but I'm not positive.

My attorney offered to represent me at this meeting for $1,000 and said it would be additional fees if they end up filing an advesary preceeding. I don't think I can work with her, though. Will I need an attorney for this? Or can I do it alone? Should I get someone else to come with me?

Any info would be really, really appreciated

[AngelinaCat]

Yes, your attorney must be the twin sister of our own inept and rude attorney.

With that little cuss out of my system, I will say that what you are describing does indeed sound like a 2004 exam. You will go into a room with your Trustee's attorney, and answer questions regarding that particular debt. Do NOT volunteer any information. Answer the questions as best you can with 'yes' and 'no' answers. Say nothing else.

Now, do you have a PACER account? If so, go to it and see what the latest documentation is. Do not print it: that will cost you. Instead, copy and save it to your hard drive in your BK folder.

And, keep every sheet of paper that may come to you from the courthouse. Keep them in your file, for situations just like this.

My very best to you.~~~

[Trying2Smile]

Thank you so much for you response! So frustrating when you pay someone almost $3000 and they treat you like this... Sorry you had to go through it too :-/

When you say look at the latest documentation, do you mean the "view document" link? Or another link? Because that one needs a number and I don't have any...

Thank you for the advice in regards to the 2004 exam... I'm pretty sure that's what this is. Do you know, in order to have one of these meetings, does the attorney have to file a notice with the bankruptcy court? Would this show in pacer? I wasn't able to find anything there... And side note, do I only have to pay on pacer if I print? No just view online? I'm having a hard time figuring out where the useful information is on pacer. I see that the trustee has filed a notice of no distribution, which I gather is good.

Couple more questions if you don't mind...

* Does having a 2004 meeting mean they'll likely file a adversary preceding?
* Should I hire a different attorney to come with me to the 2004 exam? Or is going alone after sufficiently the process researching ok?
* Is there a reason they want to schedule the exam only one week before the deadline to object to the discharge (5 weeks from now)?
* Are there any questions I should ask the creditor's attorney before the meeting? Or at the meeting?
* Do you know how long the 2004 exam usually lasts?

Thanks again! REALLY appreciate it, you probably don't understand how much

Yes, your attorney must be the twin sister of our own inept and rude attorney.

With that little cuss out of my system, I will say that what you are describing does indeed sound like a 2004 exam. You will go into a room with your Trustee's attorney, and answer questions regarding that particular debt. Do NOT volunteer any information. Answer the questions as best you can with 'yes' and 'no' answers. Say nothing else.

Now, do you have a PACER account? If so, go to it and see what the latest documentation is. Do not print it: that will cost you. Instead, copy and save it to your hard drive in your BK folder.

And, keep every sheet of paper that may come to you from the courthouse. Keep them in your file, for situations just like this.

My very best to you.~~~

[LadyInTheRed]

When you say look at the latest documentation, do you mean the "view document" link? Or another link? Because that one needs a number and I don't have any...

Thank you for the advice in regards to the 2004 exam... I'm pretty sure that's what this is. Do you know, in order to have one of these meetings, does the attorney have to file a notice with the bankruptcy court? Would this show in pacer? I wasn't able to find anything there...

Go to the Docket Report. It will show any documents that have been filed, including a link to view the document. If this is a 2004 exam, the creditor would have had to file a motion for the exam and the motion would appear on the docket report.

If the creditor has already filed a complaint for nondischargeability (which would also be on the docket report), then this is not be a 2004 exam, it would be a discovery for the AP. I am basing this on the following Nolo article: http://www.nolo.com/legal-encycloped...ankruptcy.html

And side note, do I only have to pay on pacer if I print? No just view online? I'm having a hard time figuring out where the useful information is on pacer.

The charge to view a document is the same as the charge to print one. A window will pop up telling you how much you will be charged before you view the document. When you view the document, you should print or save it to your hard drive so that you won't have to pay if you want to view it again. If you do not incur $10 in charges in one quarter, you will not be charged.

Read the following sticky for more help with PACER: http://www.bkforum.com/showthread.ph...Guide-amp-Tips Keep in mind that some of the charges may have increased since the thread was originally started.

I see that the trustee has filed a notice of no distribution, which I gather is good.

Yes. This means there are no assets to liquidate for the benefit of creditors.

Couple more questions if you don't mind...

* Does having a 2004 meeting mean they'll likely file a adversary preceding?

It means they are gathering information to determine whether they should file an AP.

* Should I hire a different attorney to come with me to the 2004 exam? Or is going alone after sufficiently the process researching ok?

It sounds like there is a lot of debt on the line here. If I were you, I'd want to be represented by an attorney (assuming you want to fight any objection to dischargeability of this creditor's debt).

* Is there a reason they want to schedule the exam only one week before the deadline to object to the discharge (5 weeks from now)?

Everything takes time to file and process. It is very common in any legal proceeding to go right up against a deadline. Don't be surprised if they file a request for an extension of time to file an objection.

* Are there any questions I should ask the creditor's attorney before the meeting? Or at the meeting?

In addition to AC's excellent advice to answer only what is asked, I would have as little discussion with the creditor's attorney as possible. They are gathering information for a case against you and you don't want to inadvertently give them any ammo. Your adversary's attorney is not the one you want answering your questions.

[Trying2Smile]

Thank you for the advice! I will definitely limit my contact with the other attorney. Just call her to schedule the 2004 exam.

I've checked pacer and it doesn't seem like she's filed a petition for the 2004. Is this abnormal? The way I knew she wanted one was her calling my attorney and my attorney reaching out to me. Should I just schedule the meeting with her despite not getting anything from the courts?

I was hoping not to have to pay an attorney any more, but seems as though you suggest it. I feel like from all the research I did for filing I was more informed than my attorney and had to make many, many modifications to the schedules we filed. I definitely wouldn't retain her for this, but what would be the role of an attorney in the 2004 exam since I am the one being questioned and it doesn't seem like the attorney would be able to make many, or any, objections to questions posed to me. Just trying to weigh out if the extra expense at a time when things are tight is worth it

Thank you again.... Soooo much!

Go to the Docket Report. It will show any documents that have been filed, including a link to view the document. If this is a 2004 exam, the creditor would have had to file a motion for the exam and the motion would appear on the docket report.

If the creditor has already filed a complaint for nondischargeability (which would also be on the docket report), then this is not be a 2004 exam, it would be a discovery for the AP. I am basing this on the following Nolo article: http://www.nolo.com/legal-encycloped...ankruptcy.html

[LadyInTheRed]

I've checked pacer and it doesn't seem like she's filed a petition for the 2004.

But, have they filed a complaint for non-dischargeability?

Is this abnormal? The way I knew she wanted one was her calling my attorney and my attorney reaching out to me. Should I just schedule the meeting with her despite not getting anything from the courts?

Keep in mind that I have no experience with 2004 exams. Everything I've told you is based on the Nolo site and the language of Rule 2004: http://www.law.cornell.edu/rules/frbp/rule_2004. It appears to me that you are not required to go to a Rule 2004 Exam unless you are ordered by a court to do so. Would it be a good idea to submit to an exam and be cooperative or would it be better to make the attorney go through proper procedures? This is a question that should be answered by an attorney familiar with the issues connected with this creditor.

What exactly did your attorney tell you? Perhaps the creditor's attorney is about to file a motion for a 2004 and wants to coordinate with you to set a convenient date.

I was hoping not to have to pay an attorney any more, but seems as though you suggest it. I feel like from all the research I did for filing I was more informed than my attorney and had to make many, many modifications to the schedules we filed. I definitely wouldn't retain her for this, but what would be the role of an attorney in the 2004 exam since I am the one being questioned and it doesn't seem like the attorney would be able to make many, or any, objections to questions posed to me. Just trying to weigh out if the extra expense at a time when things are tight is worth it

An attorney would know what objections can be raised to questions. For example, if they ask you a question that would require you to admit to committing fraud, can you refuse to answer because the answer may incriminate you? An attorney can help prepare you for the questions that will be asked. It sounds like there is a lot of debt involved here. I don't know whether the $25,000 in unsecured debt is vulnerable to being declared non-dischargeable and you don't mention the amount of the car loan. But, if you have a chance of defeating an objection to discharge, I think it is worth paying an attorney to represent you.

[LadyInTheRed]

About your attorney, part of your title to a previous thread was "incompetent attorney?" As we got into the details, I don't know that anything you thought was incorrect actually was. Some things were more a matter of strategy. In this thread you just say that she is rude. Do you still think she is incompetent? If not, you might want to try to work with her if she has experience representing clients in APs. I have worked with many rude attorneys that are also excellent advocates for their clients. If you can put on a thick skin, results can be very good. You could also try talking to her about the way she treats you.

I'm not saying it is okay for an attorney to be rude to her client. But, if she is competent and experienced with APs it will probably be more cost-efficient to have her represent you in a 2004 exam or AP than somebody who would have to spend time familiarizing themselves with your case. Before you decide, consult with a couple other attorneys.

[Trying2Smile]

Incompetent is in reference to incorrect filling out of my schedules. Somethings she was right about that I did not know, but notable things she was blatantly wrong on that I discussed in my last post were 1) incorrect deduction of flexible spending 2) not wanting me to have a negative disposable income from schedules I & J 3) leaving child support and car payments off my statement of financial affairs... And just other general inconsistencies in the paperwork that I corrected. One conversation she even asked me to explain something to her about the paperwork as she didn't know the intricacies of that section. It just seems like she doesn't care and wants to spend as little time as possible on my case, hence her rudeness.

She is young, not much experience. I actually chose her because of her fiestyness - thought it would be handy in battling creditors. And many times those not much out of school still have good knowledge. But I made a mistake with her

[Trying2Smile]

Nothing was filed by the creditors attorney. Not a dispute of discharge or anything. But you're probably right about trying to schedule a mutually convenient time before filing. The creditor's attorney has a lot of experience so I'm guessing it's most likely she is going to go by the books.

I'm gonna to do as you suggested. Talk to a few other attorneys. From what I can gather you aren't able to object to much at all during a 2004 exam, but an attorney could help with prep/negotiations. Thanks again for taking the time to write back

[LadyInTheRed]

It sounds like her rudeness may be a symptom of feeling defensive about her errors. Even if you decide not to have an attorney accompany you at a 2004 exam, consulting with attorneys first could be helpful to prepare you and also to get somebody lined up in case an AP is filed.

[Trying2Smile]

Very good points!

It sounds like her rudeness may be a symptom of feeling defensive about her errors. Even if you decide not to have an attorney accompany you at a 2004 exam, consulting with attorneys first could be helpful to prepare you and also to get somebody lined up in case an AP is filed.

[Trying2Smile]

Just in case someone comes across this later looking for info on 2004 exams, it seems as though my creditor's attorney was required to attempt to contact me - even if unsuccessful - before filing the motion for the 2004 examination.