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I HAVE BEEN CALLED TO A 2004 MEETING. (BACKGROUND) I HAVE BEEN

UNDER ATTACK FROM SOME OF...
I HAVE BEEN CALLED TO A 2004 MEETING. (BACKGROUND) I HAVE BEEN UNDER ATTACK FROM SOME OF MY OLD PARTNERS I WAS IN A LAWSUIT WITH AS A RESULT IT PUT ME IN TO BANKRUPTCY BECAUSE THE QUIT PAYING EVERYTHING IN MY NAME. ALSO I FIRED ONE OF MY OFFICE MANAGERS FOR FORGING DOCUMENTS. I GOT A LETTER DEMANDING PAYMENT OF FUNDS RECIEVED FROM SETTLEMENT AND ALL UPCOMING PAYMENTS. I WAS INFORMED THAT THEY DIDNT RECIEVE THE FINAL SETTLEMENT AGREEMENT. I ONLY HAD ONE THAT I SENT WITH IS INFORMATION ON IT. I WAS TOLD IT WASNT. I HAVE NO PROBLEM GIVING UP THE MONEY. BUT I BELEAVE THAT I WAS TARGETED BY ONE OF THESE PEOPLE TO MAKE ME LOOSE EVERYTHING. I HAVE HAD ONE ARRESTED FOR LIABLE. ANOTHER HAD ME INVESTIGATED FOR MOLESTING MY CHILD. PUT LETTERS ON MY RENTAL HOMES SO THEY WOULD QUIT PAYING AND NOW THIS. WHAT CAN I DO TO FIX THIS
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Answered in 1 hour by:
2/6/2013
JoeLawyer
JoeLawyer, Attorney
Category: Bankruptcy Law
Satisfied Customers: 767
Experience: Attorney in the practice of Bankruptcy Law since 1996
Verified
I'm sorry to hear about your situation. Business deals going south can certainly make the worst enemies from the best of friends.

Regarding the 2004 examination, there is really no way to "fix" it; the debtor is generally required to attend 2004 examinations and testify under oath. According to Rule 2004(a), any party in interest can file a motion and request a 2004 examination, and then the court can order it. I suppose technically you could file an objection to their motion for the 2004 exam, though I have never seen anyone do this. And, I would guess the court would be dubious as to what the debtor is hiding to make them not want to testify further, unless perhaps you can show the intent behind the motion is in bad faith and the exam is being requested ONLY for harassment.

Generally, the best the debtor can do is talk to his or her lawyer in advance to be as prepared as possible. Like in any deposition, many lawyers advise their clients to keep his or her answers absolutely as short as possible and not offer any more information that the question specifically asks for. For example, if asked "Did you close any bank accounts in 2012?", and you didn't, then the only good answer is "No." I have seen people answer questions like that with "No, it was 2011," or "No, I thought about closing my account at Chase but then when I went down there the teller said I couldn't because...." The correct answer is just "No." One should always make the questioner ferret out the info they are looking for; don't spoon feed it or the deponent can create more problems than they fix.

I apologize I do not have a lot of information for you, but it sounds like your situation is quite complicated, and your question is difficult to answer since there really is no answer to how to fix your dilemma. I would say don't panic, talk to your lawyer, and be ready when the 2004 examination rolls around. They are often not as bad as you expect them to be, and I have had some that were quite short. Certainly some of them are long and in depth, but the last one I had in December took about 5 minutes.

Good luck,
Joe

LEGAL NOTICE: I am only licensed to practice law in certain state(s) and I cannot give legal advice to someone who does not reside in a state in which I am licensed, nor shall anything I say in the above answer or elsewhere on this site be deemed legal advice, even to someone who resides in a state in which I am licensed. Funds I receive from JustAnswer.com are gratuities paid to me for taking the time to respond to questions, not for legal advice. This forum is designed to provide general information only, and information herein is not warranted to be correct or applicable in any way since laws may have been misinterpreted herein, since laws change from time to time, and since the impact of those laws on any particular situation varies. The information presented in this site shall not be construed to be formal legal advice nor the formation of an attorney-client relationship. Persons accessing this response are encouraged to seek independent legal counsel in their jurisdiction for guidance regarding their individual circumstances. Do not take any action or inaction based on information presented herein since it is informational and may not be accurate or applicable to you; it merely attempts to give you a basis of knowledge to help you formulate questions to ask a legal or other professional in a face-to-face meeting in your jurisdiction. JoeLawyer is an attorney but does not hold himself out to be a specialist or expert in any area, regardless of assertions made by any third party, and any implication of being an expert or specialist herein is made in error. I hope the information presented above is useful to you. Answer above is (c) JoeLawyer. All rights reserved.
JoeLawyer
JoeLawyer, Attorney
Category: Bankruptcy Law
Satisfied Customers: 767
Experience: Attorney in the practice of Bankruptcy Law since 1996
Verified
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