Can anyone explain whats the 2004 depo like

[jessegirl]

Hi All, as some of you know what our BK has been like, I have been really nervous about the 2004 depo. cause i do not know what the expect. I am the type of person that needs to know exactly what is going to happen and what is it going to be like type of person.

Can anyone please let me know exactly what it is like.

Is it like a 341?

How many people are there?

Are there other people in the room like the 341?

Wat kind of questions are asked?

How long do they usually last?

Ect. As you can see I am really really nervous over this and would love to know what to expect and what is going to go on?

Thanks so much.

[jessegirl]

bump

[fltoo]

Jess, I don't think you are going to get any exact answers here unless someone has been deposed for BK. Hopefully, someone will respond.

I was deposed only once regarding some shady dealings of a mortgage broker, so I can tell you generally what happened.

I can tell you that I was a nervous wreck even though I was not a direct party to the lawsuit. I researched for every possible question I would be asked, so went into it a lot less nervous than when I got the notice.

Only lawyers were present, no judges, no bystanders and a court steno recording every word that was said.

I was asked very personal questions like how many kids did I have, what college did I attend and what degree did I have, did I date anyone in the mortgage business. Very odd questions, I thought.

From researching I knew to try to answer yes or no, and take my time and ask the lawyer to repeat questions if I didn't understand them. Trick questions came up like, Since you are "pro mortgage broker " do you think.........? The answer to this type of question to refute is, "Well, I am not "pro mortgage broker", but to answer your question........

You really have to take your time and try to answer in few words and don't ever lie.

Was also asked exact questions like "What date and time did you meet so and so?" Use "about or approximately" in your answers. Who the hell remembers the exact time you met someone???

Also, don't be afraid of silence if you need to think or ask for a break if need be. "Can I be excused to the bathroom to go throw up, please?" lol

Anyway, it was quite an experience that I hope never to have again. But, you will get through it if you are prepared. Google "likely depo questions". Tons of info out there, maybe you will even catch something related to BK.

One more thing lawyer for the defendant told us. Do not argue with the lawyer asking questions and do not get flip, sarcastic or nasty.

Your depo will probably have a lot of personal questions on your finances.
Just be prepared with pat answers.

Best of luck and can't wait til you come back and report that you made it through just fine!!! When is the depo, btw?

[jessegirl]

Thanks so much. I will google for answers. I already tired to look up 2004 depositions on BK 7 and nothing really came up.

My depo is next week.

Thanks again.

[SubPrimeME]

Thanks so much. I will google for answers. I already tired to look up 2004 depositions on BK 7 and nothing really came up.

My depo is next week.

Thanks again.

I can't remember now, but are you using the same atty? And I know this person hasn't been that great, but maybe they can help prep you?

[AngelinaCat]

Hi jessegirl:

Our 2004(b) was VERY topic specific. First, there were three of us in the room. The room was like a small waiting room with a couch, a chair, a coffee table and a side table against the wall. 'Hub and I were there, the attorney for our trustee was there, and our attorney was there by telephone.

It was recorded. I do not remember if we were sworn in or not. I don't think we were. We were asked very specifically about a mortgage payment that we had received, and what we had done with the money. The attorney did NOT care how we deposited it or the trouble that we had with it; all he wanted to know was had we paid back some insiders. We had paid back a SIL and a god-daughter. We tried to explain that we did not know about the 'preferrential insider' matter when we did it. We tried to explain when our attorney was off the phone, that our attorney had not educated us properly about these things and that whatever we did was an honest mistake--Nope, didn't want to hear it. We had paid back two insiders--that was it.

We were there all of about ten minutes. The worst part was trying to talk to our attorney by cell phone after we left the office. This rapidly degraded into a screaming match. She found during this meeting that we had done some things she didn't know about--YEAH LADY!!! We CANT get ahold of you to ask questions and you WONT return emails or phone calls. She said she would work on some possible remedies to our problem--then promptly went on vaction for two weeks and was unavailable for another to weeks or so while a compromise from the trustee sat on her desk. We got delivered this compromise on the very day it was set to expire. We were livid. That's when we decided to fire her.