Legal Question in Bankruptcy in New York

Examination by creditor

My daughter has had her trustee meeting.We received a letter from her attorney saying that she has to go for an examination hearing at one of the creditors attorneys' office.Her attorney is going to be there.Her father & I would like to be in the office w/her (I am a witness to many phone conversations w/this creditor).Is there any law preventing us being in the room with her?It's really a long story & I really don't want my daughter going into the lion's den & I am starting to have second thoughts on the fighting guts of her attorney. (maybe I'll be surprised) Do they act like a judge. I was told it was not a hearing, just to examine how she obtained the loan. Thanks


Asked on 3/05/06, 5:12 pm

1 Answer from Attorneys
Jacob Silver Attorney At Law

Re: Examination by creditor

It is not clear from your message whether your daughter actually is required to appear for an examination. Has it been court ordered? Or is there an Adversary Proceeding started?

You need Legal Representation for this, and you will have to pay for it. Chances are your creditors can't prove that your daughter committed fraud without the deposition.

For information on advversary proceedings, see my website http://www.silverbankruptcy.com/adversaryproceedings.html

You need a lawyer.

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Answered on 3/05/06, 7:01 pm


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