MtGox creditors object to rescheduling of representative's deposition

By Kali Hays

New York, April 16 - MtGox Co., Ltd. creditors Gregory Green and Joseph Lack objected to the company's emergency request to reschedule the court-ordered April 17 deposition of its foreign representative, Robert Mark Marie Karpeles, according to an April 15 filing with the U.S. Bankruptcy Court for the Northern District of Texas.

As previously reported, MtGox asked for the deposition to be rescheduled to May 5 as Karpeles has refused to travel to the U.S. for the deposition following his receipt of a subpoena from the Department of the Treasury Financial Crimes Enforcement Network that requires him to appear in Washington, D.C. April 18.

Green and Lack allege that the company's request to reschedule the deposition is "on its face little more than an attempt to delay these proceedings," and said that continuing the deposition will "simply allow Karpeles to benefit from his own refusal to comply with the court's deposition order without a proper meet and confer," according to the objection.

The creditors further claimed that MtGox failed to supply any facts showing Karpeles' ability to appear for the deposition is impacted, that Karpeles intentionally "waited until it was virtually impossible to timely appear before the notifying parties that he would not be attending," and that the company has refused to guarantee that Karpeles will appear for his deposition even if rescheduled.

Green and Lack said, "Karpeles had his chance and made his choice," and asked that the court deny the company's emergency request and require Karpeles to appear for his deposition April 17.

As previously reported, Green and Lack have also asked that the company's provisional relief be terminated, which will be considered in a hearing scheduled for May 6.

MtGox is a Tokyo-based online bitcoin exchange operator. The company filed Chapter 15 bankruptcy on March 9 under case number 14-31229.

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