Canceling already purchased tickets using frequent flyer miles
Steve:
Not sure I agree with your premise. I think the ticket is property of the estate (541(c)(1)(A)) notwithstanding the restrictions on transferability.
Not sure that those transferability restrictions would apply in a bankruptcy setting. Yes, I know the Code says enforce such restrictions that are in the agreement, but I don't know what the agreement actually says about a bankruptcy situation (or where the ticketholder dies before the flight date). This may be particularly important if the debtor finds some creative way to use the non-refundable tickets to advance a fraudulent transfer.
David A. Tilem
Law Offices of David A. Tilem
206 N. Jackson St., #201
Glendale, CA 91206
Tel: 818-507-6000 * Fax: 818-507-6800
www.TilemLaw.com
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I have a client who bought airline tickets using frequent flyer miles
for use after we file the Chapter 7 case.
I know it's not an asset of the case as it is not transferable.
QUESTION: Has anyone ever had a client with a ticket purchased with
frequent flyer miles canceled on them after they filed a case?
I think it's a long shot, but thought I'd ask.
Law Offices of Steven B. Lever
>
> Steven B. Lever
>( Tel. (562) 436-5456 ext. 1
>( Fax (562) 485-6886
>* sblever@leverlaw.com
> www.leverlaw.com
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