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#1
09-08-2004, 10:37 AM
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Another delayWhat is the name of your state?What is the name of your state?pa Deposition was a month ago and motion to dismiss is scheduled for next week. Husband's lawyer left a message that the Trustee wants a 30 day extension -- he has not gotten the transcript of the deposition and he wants to compare it with his notes and decide whether or not to proceed with motion to dismiss. Does it normally take more than a few weeks to get the transcript? Any reason why hubby should be worried -- is he still "fishing" for something? By the way, regarding my recent posts, to date he has heard nothing from the Trustee regarding the 1995 & 1996 tax returns that he told him were not available. |
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#2
09-08-2004, 06:27 PM
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| A lot depends on who's doing the transcription on the deposition. If its a small service they could be backlogged or just slow. My SIL does legal transcription for a living, and they turn stuff around in less than 2 weeks, normally, usually less than that. Unfortunately, not all services are that speedy. What was the deposition about ? Did it refute the Trustee's notions that you had so much disposable income etc ??
__________________ "Knowledge is Power - use it as you see fit ! I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice. |
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#3
09-09-2004, 06:42 AM
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| Hubby was questioned for 1-1/2 hrs. re salary/overtime/credit cards/expenses/mortgage/rental property, etc. I was questioned for 20 mins. re my paycheck/401k/mortage payments/rental property. Trustee did not seem too interested in the things that were actually mentioned in the motion to dismiss -- $900/month for entertainment! He didn't even ask about that. He had to know that wasn't right. He did touch on charity which my husband explained. It's less than 2% of our salaries combined and most of it is mine - we did have documentation. Question: Trustee DID ask specifically for the full names and spelling of our accountant, tenant, and contact at our mutual fund company. Is he permitted to contact them? None of them know about my husband's situation, and we want to keep it that way. |
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#4
09-09-2004, 12:02 PM
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| Accountant is fair game. Mutual fund company is also fair game. Tenants are not normally contacted unless the trustee is going to direct them to start sending the rent check to him....and the trustee better have a good reason "why" that is necessary. Please remember that bankruptcy is a matter of public record. So while the newspaper is not going out of its way to publish your BK details, the trustee also has no reason to be discrete |
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