Checklist of Deposition Topics
A.Identification
1.Full legal name
2.Name debtor uses
3.Aliases
4.Social Security number
5.Driver’s license number
6.Date of birth
7.Names of immediate family members (if divorced, obtain details of divorce(s) filing and property division)
8.Home address and phone numbers (landline, if any, and mobile)
9.E-mail address and website URLs
B.Employment (for both debtor and spouse)
1.Employers and addresses
2.Manner of compensation—wages, commissions, independent contract
3.When paid, i.e., monthly, every Friday
4.When any bonuses paid
5.Any ownership interest in the company
6.Job descriptions, any licenses required
C.Real Property
1.Lease/Rent: landlord identification; monthly rent; any rent-to-own options
2.Ownership
a.Homestead
i.address and property description
ii.when acquired, purchase price, monthly payment, status of payments, mortgagee, current balance
iii.rural vs. urban homestead; number of acres; if urban, whether adjacent lots
iv.occupied or abandoned
v.additional principal reductions; payments in fraud of creditors
vi.names on title
vii.if the homestead was acquired less than 1,215 days before the deposition, it is good practice to inquire about previous homestead ownership to gain information to analyze vulnerability of the homstead in the event of bankruptcy
b.Other Real Property
i.addresses and property descriptions
ii.when acquired, purchase prices, monthly payments, status of payments
iii.all liens, mortgagee, current balance
iv.rental incomes, identity of renters
v.names on title
c.Miscellaneous Real Property Interests
i.property owned by partnerships and corporation in which debtor has an interest
ii.oil, gas and mineral interests
iii.anticipated inheritances
iv.property in which debtory owns an undivided interest (determine owners of remaining undivided interests)
D.Personal Property
1.Vehicles (including two-, three-, or four-wheeled motor vehicles)
a.model
b.license plate numbers/VINs
c.when acquired
d.purchase prices
e.monthly payments
f.lienholders
g.name on titles
h.number of individuals in family who can drive or who relies on another to drive
i.usual locations of vehicles
2.Banks/Savings Accounts/Checking Accounts/Safe-Deposit Boxes/CDs/Cash
a.names of the institutions
b.account numbers
c.names on account and signatories
d.whether owe debt to the institution
e.review bank statements with cancelled checks
f.whether direct deposit of paycheck and when
g.contents of safe-deposit boxes and ownership of contents
h.any cash or cash equivalent in hand not in the accounts
3.Stocks, Bonds, Securities
a.locations of certificates or accounts
b.names on certificates or stock accounts
c.identity of securities
d.whether pledged
e.review monthly statement from securities accounts
4.Boats and RVs
a.descriptions
b.identification numbers
c.locations
d.values
e.liens
f.whether boats used in debtor’s business
5.Planes
a.descriptions
b.identification numbers
c.locations
d.values
e.liens
6.Claims against Third Parties
a.does anyone owe you money?—accounts receivable, notes receivable; identify and determine status
b.do you have any lawsuits or judgments against anyone?
c.do you have any claims that would make the basis for a lawsuit?
d.any expected claims in the future?
e.expected inheritances?
f.expected insurance proceeds?
7.Collections (i.e., stamp, gun, coin)
a.descriptions
b.values
c.locations
d.liens
8.Additional Exempt Property Information: get description; location; value; liens on
a.home furnishings (including art work)
b.farming and ranching vehicles and implements
c.tools, equipment, books, and apparatuses used in a trade or business
d.wearing apparel
e.jewelry
f.firearms (limit to two exempt)
g.athletic and sporting equipment
h.household pets
i.animals and forage for their consumption
i.horses, mules, and donkeys with bridles (limit two)
ii.cattle (limit twelve)
iii.other livestock (limit sixty)
iv.fowl (limit 120)
9.Insurance
a.companies issuing
b.policy numbers
c.dates issued
d.types of insurance
e.beneficiaries
f.capacity to borrower against policies
g.large premium payments made in fraud of creditors
10.Retirement Accounts and IRAs
a.review plan documents to determine if qualified
b.account value and history of contributions
11.Trusts
a.beneficiary or trustor
b.property held in the trust
c.whether trust is spendthrift (insist on review of trust documents)
12.Other Intangibles: patents, trademarks, licenses, franchises, etc.; country club memberships
E.Business Interests
1.Sole Proprietorship
a.assest used in business
b.liens on assets
c.checking, savings, etc. accounts for business
d.cash flow analysis
2.Partnerships and LLCs
a.assets used in business
b.liens on assets
c.checking, savings, etc. accounts for business
d.cash flow analysis
e.partners (members) and their percentage ownerships
f.review partnership (LLC) documents
3.Corporations
a.assets used in business
b.liens on assets
c.checking, savings, etc. accounts for business
d.cash flow analysis
e.other shareholders and their share ownership
f.review corporate documentation
F.Transfers, Conversions, Third Parties
1.Property Transferred (within four years)
a.identify property transferal and current location
b.transferee
c.consideration given (or was it a gift)
d.date of transfer
e.review historical financial statements to detect transfers
2.Personal Property Converted from Nonexempt to Exempt
a.exempt property purchased (or traded for) within two years
b.review historical financial statements to detect conversions
3.Property Held by Someone Else
a.real property
b.personal property
c.bank and savings accounts
d.other intangibles
4.Marital Property Agreements
a.prenuptial/postnuptial
b.partitions
5.Closely Held Business That Closed
a.who got assets, phone number, client lists
b.payments to insiders for antecedent debts
c.accounts and note receivable
G.Debts
1.amounts owed
2.whether suit filed or judgment taken
3.collateral
4.when incurred
5.status of payments and if any extraordinary payments made
H.Other Income/Sources of Cash
1.review tax returns for sources of income
2.tax refunds
3.anticipated inheritances
I.Cash Flow Analysis/Monthly Receipts and Expenses
J.Payment Proposals
1.monthly
2.lump sum
3.bankruptcy—past filings, intent to file in future
K.Documents Review—go over documents requested in notice or subpoena duces tecum
L.If Corporate Debtor (remember: corporations have no exempt property)
1.name, assumed names
2.incorporation date, whether $1,000 paid in
3.shareholders, directors, officers
4.status of franchise tax payments
5.location(s) of business
6.nature of business
7.identify deponent (see A above)
8.review property issues (see C through K above)