Chapter 13 creditor wants deposition attorney says I have to pay his fees? WTF?

[tomwid12]

Can someone please help? I don't think my attorney knows what she's talking about. No where that I can find in Federal bankruptcy rules does it state that I have to pay for a 2004 Exam if it is initiated by a CREDITOR. I can understand if the trustee is asking for one and slapping me with "administrative fees" but a CREDITOR? Can someone please shed some light? This creditor is not even a secured creditor and I NEVER signed ANY contracts of any kind to this creditor. They obtained a judgement against me under my nose. I filed for bankruptcy before the State Court could rule on this creditors motion for attorney's fees (so the stay stopped that quick) and froze the amount he is asking for. Someone please help. Thanks.

[tomwid12]

She is telling me that I have to pay for the creditor's attorney's fees at $500 an hour and any court reporter fees? Is this a joke?

[despritfreya]

What type of debt is "owed" to the creditor - credit card, medical bill, support, signature loan, heloc, etc - the underlying "claim" that gave rise to the judgment?

How long ago was the Order granting the Rule 2004 exam entered - a couple of weeks, month ago etc?

Oh, and welcome to the forum. We are here to try to help.

Des.

[tomwid12]

Hi Des, thank you for the warm welcome. The debt I would consider unsecured, these are General Magistrate's fees that arose out of a domestic violence injunction. It was under my nose because 1. in FL no Magistrate can be assigned to ANY DV case per rule 12.492 (a) however this did not stop the judge from assigning one. 2. He got a judgement against me under my nose in my CLOSED and DISMISSED DV case. So yes this is a complicated matter, but as I understand it, GM's fees are considered as any other "suit" money in Florida family court. The judgement states that my ex-wife is to pay 1/2 and I pay 1/2. So what I am responsible for is 1/2 of the judgement. This is NOT a support issue as it is not my ex-wife that is suing me for this fee.

THank you,

Tommy

[tomwid12]

Also, this lawyer has not scheduled any 2004 yet. He is just threatening my attorney with deposing me and my attorney is saying I have to pay for HIS costs and HIS attorney's fees.

[despritfreya]

This is why I wanted more detail as I did suspect there was a much bigger issue. Unfortunately I cannot comment as to whether or not you would be responsible for the legal fees of the General Magistrate as I have never encountered such an issue. Maybe justbroke can shed some light on this as JB is in Florida. However, due to the unique circumstance and, if you have concerns over the "advice" your attorney is giving, I would recommend that you consult with some other attorneys to get a "new spin" on the issue. I wish I could be of some assistance but, even for me, this is out of the ballpark.

Des.

[tomwid12]

Thank you, that being said, let's assume that this will be treated like a regular unsecured creditor WITH a judgement, who pays for the 2004 exam usually?

[despritfreya]

Thank you, that being said, let's assume that this will be treated like a regular unsecured creditor WITH a judgement, who pays for the 2004 exam usually?

In all of my years of practice (and that is a lot of years), the party setting the deposition generally pays for it. The deponent (that would be you) pays for the purchase of a transcript of the deposition if he/she wants it. The deponent, assuming the document production is not voluminous, supplies copies of the requested documents at his/her expense. If too voluminous, generally the documents are made available for viewing and/or copying at the other side's expense.

Now, there are exceptions to who pays. . . Court order, over secured creditors, HOAs, possibly support claimants and there may be others.

Des.

[tomwid12]

Thank you Des. So my attorney said that his creditor 2004 examination can be considered an "administrative fee" is this true? If so, does he need a motion for this? Just for laughs, which will never happen, say he catches something while fishing, what happens? And in the converse, what happens if his fishing comes up empty? Thank you.

[despritfreya]

So my attorney said that his creditor 2004 examination can be considered an "administrative fee" is this true? If so, does he need a motion for this? Just for laughs, which will never happen, say he catches something while fishing, what happens? And in the converse, what happens if his fishing comes up empty? Thank you.

Look at 11 USC 503(b)(3)(B).

If you failed to disclose, disclose, disclose and get caught, case could be dismissed and a criminal referral could be made by the UST. If he finds nothing, maybe you could request payment of your legal fees but don't count on it.

Des.

[tomwid12]

Hi Des, I understand that part, I was referring to the "administrative fees" for the Trustee vs to this attorney trying to make me pay his fees for the deposition. Thanks.

[despritfreya]

Hi Des, I understand that part, I was referring to the "administrative fees" for the Trustee vs to this attorney trying to make me pay his fees for the deposition. Thanks.

Again, look at 503(b)(3)(B) - creditor can seek payment of an admin claim if his efforts results in a recovery to the bk estate.

Des.

[tomwid12]

Sorry I think I miss understood the Chapters. So this is under Chapter 5 that is a blanket over all of the bankruptcy chapters is that correct?

[tomwid12]

Sorry I think I miss understood the Chapters. So this is under Chapter 5 that is a blanket over all of the bankruptcy chapters is that correct?

[despritfreya]

So this is under Chapter 5 that is a blanket over all of the bankruptcy chapters is that correct?

Correct, unless a specific provision states it does not apply.

Des.