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2004 Hearing - Allowed Time Between Document Production and Deposition

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    2004 Hearing - Allowed Time Between Document Production and Deposition

    With regard to a 2004 Examination (form 25) request for docs and deposition, is there a defined timeline that the deposition must occur within from the date of document production?

    I had a 2004 Examination request that included a date for document production and a deposition date about 30 days later... I hadn't produced the docs or attended the original hearing date (long story) and as a result the atty filed a motion to extend time to grant an objection (I didn't oppose) and a order from the BK court granted the party (my ex) an extension to file an objection that was limited to 60 days from my complying with the document production and deposition.

    I've since produced the documents and have been attempting to get the deposition scheduled (so the 60 day clock starts) but have had no luck in scheduling with the atty (i'm Pro Se) and suspect she is stalling.

    If there is a limit or timeline (say 30 days) within which the deposition must occur? if yes, have clear grounds on which to file a motion requesting the 60 day clock start 30 days (or max of whatever is allowed) after the document production as the atty failed to schedule the deposition in a timely fashion. Doing so will put a deadline on the oppositions deadline in which to file an objection...

    Thoughts?

    #2
    Forgive me for asking - are you having to do this because of your ex? In other words...please forgive me...is this more "personal" on his/her part??

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      #3
      Yes, no creditors objected. My soon to be ex hasn't filed an objection, but retained a divorce atty and submitted a subpoena for 2004 Exam. I provided the responses to my bk atty at the time (I'm now prose) and he didn't send them before the response date.

      I did receive a discharge notice, but apparently that doesn't mean the bk filing is complete.

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        #4
        Wow - and may I add harsh - asking for a 2004 exam because of a divorce..that's...harsh...

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