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Could he have waited a full year?
The fact that the business was sold AFTER the petition was filed appears to
be a client problem, not a lawyer problem.
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: Thursday, January 14, 2010 5:55 AM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Re: Standard of Care Question
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.
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.
> Business bankruptcy specialist cert. by Amer. Bd. of Certification
>
>
> -----Original Message-----
[mailto:cdcbaa@yahoogroups. com] On Behalf
Of
> 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
>
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Message
Could he have waited a full
year?
The fact that the business
was sold AFTER the petition was filed appears to be a client problem, not alawyer problem.
David A.
Tilem
Certified Bankruptcy
Specialist*
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