.jpg)
Standard of Care Question
The lawyer should have warned the debtor about 548 and 549. 2 year look back under 548 and not transfers postpetition of estate property,
Dennis McGoldrick
350 S. Crenshaw Bl., #A207B
Torrance, CA 90503
On Jan 13, 2010, at 1:37 PM, "David A. Tilem" wrote:
Sorry, I hit send too quickly. The payment to daughter would have had to be a year before the filing of the bankruptcy case. Could debtor afford to wait a full year before filing his petition?
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal Specialization.
on
teven
Sent: Wednesday, January 13, 2010 12:04 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Standard of Care Question
I have a client who substituted me into his Chapter 7 case. His petition shows he sold a business in May 2008 and paid his daughter back a loan from the proceeds that same month. The case was filed in June 2008. However, the business was not sold in May it was actually sold in July. Apparently, the filing attorney never reviewed the actual closing statement regarding the sale. Now the Trustee is after the debtor to pay back the money given to the daughter as a preferencial payment. Question - is this a violation of the standard of care on the part of the filing attorney for not verifying this information before the petition was filed? Thank you for your responses.
Steven A. Wolvek, Esq.
Law Offices of Steven A. Wolvek, A P.L.C.
23901 Calabasas Road, Suite 1063
Calabasas, CA 91302
818-227-3379
FAX 818-227-3383
Web wolveklaw.com
The lawyer should have warned the debtor about 548 and 549. 2 year look back under 548 and not transfers postpetition of estate property,Dennis McGoldrick350 S. Crenshaw Bl., #A207BTorrance, CA 90503On Jan 13, 2010, at 1:37 PM, "David A. Tilem" <DavidTilem@TilemLaw.com> wrote:
Sorry, I hit send too
quickly. The payment to daughter would have had to be a year before the
filing of the bankruptcy case. Could debtor afford to wait a full year
before filing his petition?
David A.
Tilem
The post was migrated from Yahoo.
The debtor was not in a rush to file. He could have waited - now the trustee is coming after him for money he no longer has because the case was filed too early.
>
> Sorry, I hit send too quickly. The payment to daughter would have had to be
> a year before the filing of the bankruptcy case. Could debtor afford to
> wait a full year before filing his petition?
>
>
> David A. Tilem
> Certified Bankruptcy Specialist*
> Law Offices of David A. Tilem (a debt relief agency)
> 206 N. Jackson Street, #201, Glendale, CA 91206
> Tel: 818-507-6000 Fax: 818-507-6800
>
> * Bankruptcy specialist cert. by State Bar of CA Bd of Legal
> Specialization.
> Business bankruptcy specialist cert. by Amer. Bd. of Certification
>
>
> -----Original Message-----
> Steven
> Sent: Wednesday, January 13, 2010 12:04 PM
> To: cdcbaa@yahoogroups.com
> Subject: [cdcbaa] Standard of Care Question
>
>
>
>
> I have a client who substituted me into his Chapter 7 case. His petition
> shows he sold a business in May 2008 and paid his daughter back a loan from
> the proceeds that same month. The case was filed in June 2008. However, the
> business was not sold in May it was actually sold in July. Apparently, the
> filing attorney never reviewed the actual closing statement regarding the
> sale. Now the Trustee is after the debtor to pay back the money given to the
> daughter as a preferencial payment. Question - is this a violation of the
> standard of care on the part of the filing attorney for not verifying this
> information before the petition was filed? Thank you for your responses.
>
> Steven A. Wolvek, Esq.
> Law Offices of Steven A. Wolvek, A P.L.C.
> 23901 Calabasas Road, Suite 1063
> Calabasas, CA 91302
> 818-227-3379
> FAX 818-227-3383
> Web wolveklaw.com
>
The post was migrated from Yahoo.
charset="windows-1251"
Sorry, I hit send too quickly. The payment to daughter would have had to be
a year before the filing of the bankruptcy case. Could debtor afford to
wait a full year before filing his petition?
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
Steven
Sent: Wednesday, January 13, 2010 12:04 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Standard of Care Question
I have a client who substituted me into his Chapter 7 case. His petition
shows he sold a business in May 2008 and paid his daughter back a loan from
the proceeds that same month. The case was filed in June 2008. However, the
business was not sold in May it was actually sold in July. Apparently, the
filing attorney never reviewed the actual closing statement regarding the
sale. Now the Trustee is after the debtor to pay back the money given to the
daughter as a preferencial payment. Question - is this a violation of the
standard of care on the part of the filing attorney for not verifying this
information before the petition was filed? Thank you for your responses.
Steven A. Wolvek, Esq.
Law Offices of Steven A. Wolvek, A P.L.C.
23901 Calabasas Road, Suite 1063
Calabasas, CA 91302
818-227-3379
FAX 818-227-3383
Web wolveklaw.com
charset="windows-1251"
Message
Sorry, I hit send too
quickly. The payment to daughter would have had to be a year before the
filing of the bankruptcy case. Could debtor afford to wait a full year
before filing his petition?
David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.
charset="windows-1251"
Perhaps, but what difference does it make.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
Steven
Sent: Wednesday, January 13, 2010 12:04 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Standard of Care Question
I have a client who substituted me into his Chapter 7 case. His petition
shows he sold a business in May 2008 and paid his daughter back a loan from
the proceeds that same month. The case was filed in June 2008. However, the
business was not sold in May it was actually sold in July. Apparently, the
filing attorney never reviewed the actual closing statement regarding the
sale. Now the Trustee is after the debtor to pay back the money given to the
daughter as a preferencial payment. Question - is this a violation of the
standard of care on the part of the filing attorney for not verifying this
information before the petition was filed? Thank you for your responses.
Steven A. Wolvek, Esq.
Law Offices of Steven A. Wolvek, A P.L.C.
23901 Calabasas Road, Suite 1063
Calabasas, CA 91302
818-227-3379
FAX 818-227-3383
Web wolveklaw.com
charset="windows-1251"
Message
Perhaps, but whatdifference does it make.
David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.
I have a client who substituted me into his Chapter 7 case. His petition shows he sold a business in May 2008 and paid his daughter back a loan from the proceeds that same month. The case was filed in June 2008. However, the business was not sold in May it was actually sold in July. Apparently, the filing attorney never reviewed the actual closing statement regarding the sale. Now the Trustee is after the debtor to pay back the money given to the daughter as a preferencial payment. Question - is this a violation of the standard of care on the part of the filing attorney for not verifying this information before the petition was filed? Thank you for your responses.
Steven A. Wolvek, Esq.
Law Offices of Steven A. Wolvek, A P.L.C.
23901 Calabasas Road, Suite 1063
Calabasas, CA 91302
818-227-3379
FAX 818-227-3383
Web wolveklaw.com
The post was migrated from Yahoo.