.jpg)
Date of Payment for New Value preference defense
Date cleared
Dennis McGoldrick
350 S. Crenshaw Bl., #A207B
Torrance, CA 90503
On Jan 28, 2010, at 12:04 PM, Jim Selth wrote:
And to add to Mark's inquiry, I have a pending case where the Debtor had the bank issue cashiers checks and mail them to creditors. Similar questions: is it the date the cashier's checks were withdrawn, the date they were delivered (mailed), or the date that they cleared the issuing bank?
James R. Selth
Weintraub & Selth, APC
12121 Wilshire Boulevard, Suite 1300
Los Angeles, California 90025
Telephone: (310) 207-1494
Facsimile: (310) 442-0660
E-Mail: jim@wsrlaw.net
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This is why you have to cash a clients check before you file. Sometimes I go to the clients bank and get cash.
Dennis McGoldrick
350 S. Crenshaw Bl., #A207B
Torrance, CA 90503
On Jan 28, 2010, at 12:34 PM, "jonhayes6666" wrote:
Barnhill v. Johnson, 503 U.S. 393 (1992)
Issue: What is the date, for preference purposes, a debt is paid, i.e., the funds are transferred, when the debt is paid by check?
Holding: The date the drawee bank honors the check.
>
>
>
> In a message dated 1/28/2010 11:40:03 AM Pacific Standard Time,
> bklawr@... writes:
>
>
>
>
> Does anyone offhand know what the correct date is for calculating new
> value payments during the preference period? Is it the date the
> debtor's check clears the bank, the day it's received by the creditor,
> or the date it is mailed/sent by the debtor?
>
> *************************
> Mark J. Markus
> Law Office of Mark J. Markus
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2652
> (818)509-1173 (818)509-1460 (fax)
> web: _http://www.bklaw.http_ (http://www.bklaw.com/)
> This Firm is a Qualified Federal Debt Relief Agency (see what this means> at
> _http://bklaw.http://bklaw. ________________________________________________
> NOTICE: This Electronic Message contains information from the law office> of Mark J. Markus that may be privileged. The information is intended for> the use of the addressee only. If you are not the addressee, note that any
> disclosure, copy, distribution or use of the contents of this message is> prohibited.
> IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by
> the IRS, we inform you that any U.S. tax advice contained in this
> communication (or in any attachment) is not intended or written to be used, and
> cannot be used, for the purpose of (i) avoiding penalties under the Internal
> Revenue Code or (ii) promoting, marketing or recommending to another party
> any transaction or matter addressed in this communication.
>
> _,_._,___
>
>
>
>
>
> Date delivered/received/mailed provided it is negotiated in the ordinary> course.
>
> Law Office of Eric Alan Mitnick
> 21515 Hawthorne Boulevard, Suite 1080
> Torrance, CA 90503
> (310) 792-5864; 792-5866 (fax)
> MitnickLaw@...
>
> Although this email and any attachments are believed to be free of any
> virus or other defect that might affect any computer system into which it is
> received and opened, it is the responsibility of the recipient to ensure> that it is virus free and no responsibility is accepted by the sender for any
> loss or damage arising in any way from its use.
>
This is why you have to cash a clients check before you file. Sometimes I go to the clients bank and get cash.Dennis McGoldrick350 S. Crenshaw Bl., #A207BTorrance, CA 90503On Jan 28, 2010, at 12:34 PM, "jonhayes6666" <Jhayes@polarisnet.net> wrote:
Barnhill v. Johnson, 503 U.S. 393 (1992)
Issue: What is the date, for preference purposes, a debt is paid, i.e., the funds are transferred, when the debt is paid by check?
Holding: The date the drawee bank honors the check.
com, mitnicklaw@... wrote:
>
>
>
> In a message dated 1/28/2010 11:40:03 AM Pacific Standard Time,
> bklawr@... writes:
>
>
>
>
> Does anyone offhand know what the correct date is for calculating new
> value payments during the preference period? Is it the date the
> debtor's check clears the bank, the day it's received by the creditor,
> or the date it is mailed/sent by the debtor?
>
> *************************
> Mark J. Markus
> Law Office of Mark J. Markus
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2652
> (818)509-1173 (818)509-1460 (fax)
> web: _http://www.bklaw.http_ (http://www.bklaw.com/)
> This Firm is a Qualified Federal Debt Relief Agency (see what this means
> at
> _http://bklaw.http://bklaw.<
The post was migrated from Yahoo.
Right Jon, but doesn't that only go to whether it's a preference, not
necessarily as to the dates for calculating defenses, such as new value?
*************************
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency (see what this means at http://bklaw.com/bankruptcy-blog/2008/0 ... efinition/)
________________________________________________
NOTICE: This Electronic Message contains information from the law office of Mark J. Markus that may be privileged. The information is intended for the use of the addressee only. If you are not the addressee, note that any disclosure, copy, distribution or use of the contents of this message is prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.
On 1/28/2010 12:34 PM, jonhayes6666 wrote:
> Barnhill v. Johnson, 503 U.S. 393 (1992)
>
> Issue: What is the date, for preference purposes, a debt is paid, i.e., the funds are transferred, when the debt is paid by check?
>
> Holding: The date the drawee bank honors the check.
>
>
>
>
> --- In cdcbaa@yahoogroups.com, mitnicklaw@... wrote:
>
>>
>>
>> In a message dated 1/28/2010 11:40:03 AM Pacific Standard Time,
>> bklawr@... writes:
>>
>>
>>
>>
>> Does anyone offhand know what the correct date is for calculating new
>> value payments during the preference period? Is it the date the
>> debtor's check clears the bank, the day it's received by the creditor,
>> or the date it is mailed/sent by the debtor?
>>
>> *************************
>> Mark J. Markus
>> Law Office of Mark J. Markus
>> 11684 Ventura Blvd. PMB #403
>> Studio City, CA 91604-2652
>> (818)509-1173 (818)509-1460 (fax)
>> web: _http://www.bklaw.http_ (http://www.bklaw.com/)
>> This Firm is a Qualified Federal Debt Relief Agency (see what this means
>> at
>> _http://bklaw.http://bklaw. (http://bklaw.com/bankruptcy-blog/2008/0 ... efinition/) )
>> ________________________________________________
>> NOTICE: This Electronic Message contains information from the law office
>> of Mark J. Markus that may be privileged. The information is intended for
>> the use of the addressee only. If you are not the addressee, note that any
>> disclosure, copy, distribution or use of the contents of this message is
>> prohibited.
>> IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by
>> the IRS, we inform you that any U.S. tax advice contained in this
>> communication (or in any attachment) is not intended or written to be used, and
>> cannot be used, for the purpose of (i) avoiding penalties under the Internal
>> Revenue Code or (ii) promoting, marketing or recommending to another party
>> any transaction or matter addressed in this communication.
>>
>> _,_._,___
>>
>>
>>
>>
>>
>> Date delivered/received/mailed provided it is negotiated in the ordinary
>> course.
>>
>> Law Office of Eric Alan Mitnick
>> 21515 Hawthorne Boulevard, Suite 1080
>> Torrance, CA 90503
>> (310) 792-5864; 792-5866 (fax)
>> MitnickLaw@...
>>
>> Although this email and any attachments are believed to be free of any
>> virus or other defect that might affect any computer system into which it is
>> received and opened, it is the responsibility of the recipient to ensure
>> that it is virus free and no responsibility is accepted by the sender for any
>> loss or damage arising in any way from its use.
>>
>>
>
>
>
> ------------------------------------
>
> Yahoo! Groups Links
>
>
>
>
>
The post was migrated from Yahoo.
In a message dated 1/28/2010 12:38:43 PM Pacific Standard Time,
Jhayes@polarisnet.net writes:
Barnhill v. Johnson, 503 U.S. 393 (1992)
Issue: What is the date, for preference purposes, a debt is paid, i.e.,
the funds are transferred, when the debt is paid by check?
Holding: The date the drawee bank honors the check.
mitnicklaw@., mit
>
>
>
> In a message dated 1/28/2010 11:40:03 AM Pacific Standard Time,
> bklawr@... writes:
>
>
>
>
> Does anyone offhand know what the correct date is for calculating new
> value payments during the preference period? Is it the date the
> debtor's check clears the bank, the day it's received by the creditor,
> or the date it is mailed/sent by the debtor?
>
> ************ ****
> Mark J. Markus
> Law Office of Mark J. Markus
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2652
> (818)509-1173 (818)509-1460 (fax)
> web: __http://www.bklaw.http:_ (http://www.bklaw.http_/)
(_http://www.bklaw.http_ (http://www.bklaw.com/) )
> This Firm is a Qualified Federal Debt Relief Agency (see what this means> at
> __http://bklaw.http://bklaw._ (http://bklaw.http//bklaw.)
The post was migrated from Yahoo.
Barnhill v. Johnson, 503 U.S. 393 (1992)
Issue: What is the date, for preference purposes, a debt is paid, i.e., the funds are transferred, when the debt is paid by check?
Holding: The date the drawee bank honors the check.
>
>
>
> In a message dated 1/28/2010 11:40:03 AM Pacific Standard Time,
> bklawr@... writes:
>
>
>
>
> Does anyone offhand know what the correct date is for calculating new > value payments during the preference period? Is it the date the
> debtor's check clears the bank, the day it's received by the creditor, > or the date it is mailed/sent by the debtor?
>
> *************************
> Mark J. Markus
> Law Office of Mark J. Markus
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2652
> (818)509-1173 (818)509-1460 (fax)
> web: _http://www.bklaw.http_ (http://www.bklaw.com/)
> This Firm is a Qualified Federal Debt Relief Agency (see what this means> at
> _http://bklaw.http://bklaw. ________________________________________________
> NOTICE: This Electronic Message contains information from the law office> of Mark J. Markus that may be privileged. The information is intended for
> the use of the addressee only. If you are not the addressee, note that any
> disclosure, copy, distribution or use of the contents of this message is> prohibited.
> IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by
> the IRS, we inform you that any U.S. tax advice contained in this
> communication (or in any attachment) is not intended or written to be used, and
> cannot be used, for the purpose of (i) avoiding penalties under the Internal
> Revenue Code or (ii) promoting, marketing or recommending to another party
> any transaction or matter addressed in this communication.
>
> _,_._,___
>
>
>
>
>
> Date delivered/received/mailed provided it is negotiated in the ordinary> course.
>
> Law Office of Eric Alan Mitnick
> 21515 Hawthorne Boulevard, Suite 1080
> Torrance, CA 90503
> (310) 792-5864; 792-5866 (fax)
> MitnickLaw@...
>
> Although this email and any attachments are believed to be free of any
> virus or other defect that might affect any computer system into which it is
> received and opened, it is the responsibility of the recipient to ensure> that it is virus free and no responsibility is accepted by the sender for any
> loss or damage arising in any way from its use.
>
The post was migrated from Yahoo.
In a message dated 1/28/2010 11:40:03 AM Pacific Standard Time,
bklawr@yahoo.com writes:
Does anyone offhand know what the correct date is for calculating new
value payments during the preference period? Is it the date the
debtor's check clears the bank, the day it's received by the creditor,
or the date it is mailed/sent by the debtor?
*************************
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: _http://www.bklaw.http_ (http://www.bklaw.com/)
This Firm is a Qualified Federal Debt Relief Agency (see what this means
at
The post was migrated from Yahoo.
Does anyone offhand know what the correct date is for calculating new
value payments during the preference period? Is it the date the
debtor's check clears the bank, the day it's received by the creditor,
or the date it is mailed/sent by the debtor?
*************************
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency (see what this means at http://bklaw.com/bankruptcy-blog/2008/0 ... efinition/)
________________________________________________
NOTICE: This Electronic Message contains information from the law office of Mark J. Markus that may be privileged. The information is intended for the use of the addressee only. If you are not the addressee, note that any disclosure, copy, distribution or use of the contents of this message is prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.
_,_._,___
The post was migrated from Yahoo.