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Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31782
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I ex husband has taken a bankruptcy we have been divorced

Customer Question

I ex husband has taken a bankruptcy we have been divorced since October of 2012. Now come the trustees attorney asking for documents and records which belong to me and not my ex. He wants me to take a day of work for this deposition when I have nothing to do with his bankruptcy. All properties were either divided or given to me in the divorce. I acquired the business back in 2011 from the ex and dissolved in 2012 registering it in another state as an S corp and I held all executive positions. I also owned a company prior to the divorce in which I was the sole member of an LLC which I place a mortgage on my share of the property we owned together and they are questioning this. The mortgage was only for my share of what I put into this property.
JA: What sort of protection is being sought? What are the debts in question?
Customer: this is a request for deposition of a 2004 hearing
JA: Have you consulted with an attorney yet?
Customer: not yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: I just think this is harassment due to information his ex wife prior to me have the trustee
Submitted: 11 months ago.
Category: Bankruptcy Law
Expert:  Roger replied 11 months ago.

Hi - my name is ***** ***** I'll be glad to assist.

IF you have been subpoenaed for a 2004 examination, then you must appear or face being charged with contempt. The only thing you could do to stop from having to appear would be to file a motion to quash the subpoena and claim that there is nothing for the trustee to gain from deposing you under oath. However, if the trustee states that he/she believes you have information relative to the bankruptcy estate, the judge is going to order you to appear.

Customer: replied 11 months ago.
Roger, I is NOT a subpeona but a request for a deposition and to produce documents, many which I no long even have.
Expert:  Roger replied 11 months ago.

I understand it's for a 2004 exam....but you should have gotten a subpoena/subpoena duces tecum to appear and testify.....did you not?