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Turnover of funds offset by bank within 90 days of filing Chapter 7
I have a case that is going for a real property valuation trial in federal court. Basically, the trial would be a battle of the appraisers. On the eve of having to submit additional expert declarations for trial, I negotiated with opposing counsel and stipulated to a value that my client believes is about 20% too high. However, my client has now learned that the appraiser is no longer licensed to be an appraiser and he spoke with the appraiser today and that appraiser admitted that the value in the report was too high and that using the comparables he used was not reasonable and would likely subject him to disciplinary review by the licensing organization. The questions are: (1) do you pull the stipulation you already signed and how do you do it if the opposing side files it; and (2) can the appraiser testify now that he is no longer licensed due to retirement -- it would seem he could say he was licensed at the time he generated the report at issue months ago.
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From nathanberneman@yahoo.com Thu Oct 30 12:45:40 2014
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Thanks Peter
Sent from my iPhone: Nathan Berneman
> On Oct 30, 2014, at 10:56 AM, "'Peter M. Lively' petermlively2000@yahoo.com [cdcbaa]" wrote:
>
> Rule 7001(1)
>
> Peter M. Lively, J.D., M.B.A.
> Law Office of Peter M. Lively * Personal Financial Law Center I
> 11268 Washington Boulevard, Suite 203, Culver City, California 90230-4647
> Telephone: (310) 391-2400 * Toll Free: (800) 307-3328 * Fax: (310) 391-2462
>
>
> On Thursday, October 30, 2014 6:04 AM, "Havkin Stella havkinlaw@earthlink.net [cdcbaa]" wrote:
>
>
>
> Adversary.
>
> -----Original Message-----
> Sent: Oct 29, 2014 8:34 PM
> To: cdcbaa
> Cc: "ntdberneman@verizon.net"
> Subject: [cdcbaa] Turnover of funds offset by bank within 90 days of filing Chapter 7
>
>
> I looked at past discussions from the group regarding turnover.
>
> However, creditor took money from bank account to offset a debt owed within 90 days of filing bk. We have Judge Tighe in this case. Is a Motion for Turnover okay to file or must it be an adversary?
>
> Thank you,
>
> Nate
>
>
>
>
>
The post was migrated from Yahoo.
Rule 7001(1)
Peter M. Lively, J.D., M.B.A.
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Boulevard, Suite 203, Culver City, California 90230-4647
Telephone: (310) 391-2400 * Toll Free: (800) 307-3328 * Fax: (310) 391-2462
On Thursday, October 30, 2014 6:04 AM, "Havkin Stella havkinlaw@earthlink.net [cdcbaa]" wrote:
Adversary.
>Sent: Oct 29, 2014 8:34 PM
>To: cdcbaa
>Cc: "ntdberneman@verizon.net"
>Subject: [cdcbaa] Turnover of funds offset by bank within 90 days of filing Chapter 7
>
>
>I looked at past discussions from the group regarding turnover.
>
>
>However, creditor took money from bank account to offset a debt owed within 90 days of filing bk. We have Judge Tighe in this case. Is a Motion for Turnover okay to file or must it be an adversary?
>
>
>Thank you,
>
>
>Nate
>
>
>
>
The post was migrated from Yahoo.
I looked at past discussions from the group regarding turnover.
However, creditor took money from bank account to offset a debt owed within 90 days of filing bk. We have Judge Tighe in this case. Is a Motion for Turnover okay to file or must it be an adversary?
Thank you,
Nate
The post was migrated from Yahoo.