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Ask Terry L. Your Own Question
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2832
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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When giving a 2004 deposition, after the transcription when

Resolved Question:

When giving a 2004 deposition, after the transcription when do you to read the transcript and verify it is correct?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 5 years ago.

Terry L. :

Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.

Terry L. :

You can contact the transcription company to get a copy (for a fee). You can also contact opposing counsel who retained the transcription firm, and they can get you a copy as well.

Terry L. :

let me know if you have any other questions.

Terry L. :

generally, they take a week or two to transcribe.

Customer:

Hi Terry,reason I am asking is the trustee made a statements in his adversary action that are the opposite of what was said in the depo, Actually 2 depos, different people said the same, and can prove the statement true if necessary. Don't you usually get to proof the depo and then sign it?

Terry L. :

IF the US trustee held the 2004 hearing, you should call the bankruptcy court clerk to get the transcripts. Then you can enter the transcripts into evidence as an exhibit.

Terry L. :

You or your attorney can file an objection to the deposition if the transcription is inaccurate. You would file a motion to surpress

Customer:

will do I was there yesterday, we have a creditor one of the suppliers of prepaid building material, who has submitted a fraudulent Claim, and made all sorts of alligations we stole millions from a Katrina rebuilding program that replaced houses for elderly and infirm who had a house and it was destroyed by the storm, we built the houses, every cent of the money that was from a single organization, the people of Saudi Arabia

Customer:

all the houses were built and accounted for

Customer:

that's background, the creditor, made formal statements as we knew they would, it is their SOP, in the other courts we have had resort to to get a true accounting of the prepaid account. what is the best form to refute accusations, and persuade the court that in light of falsified claims and untruths to the court to manipulate the process in the creditors favor the creditor should be prosecuted?

Terry L. :

sorry for the delay, had a client to attend to. IF the creditor has filed an objection, then you would have a trial in the bankruptcy case. You can present the evidence to defend as you discussed. If the creditor is putting forth false information, you can request sanctions.

Terry L. :

The creditor has to object first, then prove their case. then you can defend the matter that the debt is dischargeable.

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