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    need adversary proceeding help

    i filed an adversary procceding as i am a creditor listed in case..my question is can i use the 341 meeting recording in an adversary proceeding.?

    #2
    Originally posted by badboy123 View Post
    i filed an adversary procceding as i am a creditor listed in case..my question is can i use the 341 meeting recording in an adversary proceeding.?
    You would need to contact the US Trustee to find out how you get an official written transcript. The 341 testimony is sworn testimony (no different from something like a deposition) but the recording is not admissible. A written transcript done by an official court reporter (no different from a deposition) is what you need.

    Des.

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      #3
      thank you des..that helped out alot...

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        #4
        Good luck with the adversary proceeding. I hope that you are brushed up on the Federal Rules of Civil Procedure and the Federal Rules of Evidence.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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          #5
          Include brushing up on the local rules of your BK court as well. Those go hand in hand with the Federal Rules.
          "To go bravely forward is to invite a miracle."

          "Worry is the darkroom where negatives are formed."

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            #6
            not worth the try unless the creditor owes you tons, and if that were the case special council would have been assigned to your case.

            we had a few, would never thing about doing them alone no matter what reason. i got someone that really specialized in that area and did NOT use the same atty that we did for our bk. good luck!
            8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

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              #7
              well we have already done the pretrial conference.now discovery is due next wed..and trial is 25 feb..debtor and i both are pro se..so it will be interesting..i have 3 people as witnesses that have personal knowledge of the debtor selling vehicles before and during his filing..so i filing on bases of fraud...i guess we will c what happens ...

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                #8
                best of luck to you! hope it all works out!
                8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

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                  #9
                  I am doing the same AD

                  Originally posted by badboy123 View Post
                  i filed an adversary procceding as i am a creditor listed in case..my question is can i use the 341 meeting recording in an adversary proceeding.?
                  Hi to you......it sounds like you and I are doing the same thing. For me this is all about a car that the Defendant basically stole from me.
                  Are you interested in sharing information ??? If so please respond to this, I live in West Sacramento, so we are close as I think you are in Sacramento.
                  ansaldo

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