Debtor recovering a preference in c7

Yahoo Bot · Fri Aug 06, 2010 9:36 am

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Also look at 522(h).
Wesley H. Avery, Esq.
Roquemore, Pringle & Moore, Inc.
6055 E. Washington Blvd., Ste. 500
Los Angeles, CA 90040-2466
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Yahoo Bot · Fri Aug 06, 2010 7:51 am

My brother David sent you to only one of the twocodes you need to read, read 522g1

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Yahoo Bot · Thu Aug 05, 2010 2:33 pm

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Please read Section 547 and consider each of the elements of the cause of
action. If you still have any questions, please post again.
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.
Alik Segal
Sent: Thursday, August 05, 2010 2:15 PM
To: CDCBAA Listserv
Subject: [cdcbaa] Debtor recovering a preference in c7
Listmates,
Debtor's relatives paid 25k of debtor's substantial credit card debt a
month ago. Now, a month later debtor wants to throw in the towel and
file c7.
Is there any reason why debtor's atty can't bring a preference action
and then exempt a portion of the returned funds?
Does it make any difference that debtor's relatives made a payment
directly to debtor's credit card.
Thank you,
Alik Segal
Alik.Segal@gmail.com
310-362-6157
Cal. CD, Los Angeles
Alik Segal
Alik.Segal@gmail.com
310-362-6157
Cal. CD, Los Angeles
Alik Segal
Alik.Segal@gmail.com
310-362-6157
Cal. CD, Los Angeles
charset="windows-1251"
Message
Please read Section 547 and
consider each of the elements of the cause of action. If you still have
any questions, please post again.

David A.
Tilem
Certified Bankruptcy
Specialist*
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Yahoo Bot · Thu Aug 05, 2010 2:28 pm

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After reading Eric Mitnicks answer, I realize hes right its not a
preference if it doesnt come from the debtor.
On 8/5/10 2:23 PM, "John Faucher" wrote:
>
>
>
>
>
> Debtors attorney cant bring the preference action, because the payment
> belongs to the estate, not to the debtor. The trustee can bring a preference
> action (and probably should here), but the recovery will go to the estate and
> its creditors rather than the debtor.
>
> - John D. Faucher
>
>
> On 8/5/10 2:15 PM, "Alik Segal" wrote:
>
>>
>>
>>
>>
>>
>> Listmates,
>>
>> Debtor's relatives paid 25k of debtor's substantial credit card debt a
>> month ago. Now, a month later debtor wants to throw in the towel and
>> file c7.
>>
>> Is there any reason why debtor's atty can't bring a preference action
>> and then exempt a portion of the returned funds?
>>
>> Does it make any difference that debtor's relatives made a payment
>> directly to debtor's credit card.
>>
>> Thank you,
>
>>>> - John D. Faucher
>
>
>
>
>
>
>
>
>>>> - John D. Faucher
>
>
>
>
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Re: [cdcbaa] Debtor recovering a preference in c7
After reading Eric M
The post was migrated from Yahoo.

Yahoo Bot · Thu Aug 05, 2010 2:23 pm

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Debtors attorney cant bring the preference action, because the payment
belongs to the estate, not to the debtor. The trustee can bring a
preference action (and probably should here), but the recovery will go to
the estate and its creditors rather than the debtor.
- John D. Faucher
On 8/5/10 2:15 PM, "Alik Segal" wrote:
>
>
>
>
>
> Listmates,
>
> Debtor's relatives paid 25k of debtor's substantial credit card debt a
> month ago. Now, a month later debtor wants to throw in the towel and
> file c7.
>
> Is there any reason why debtor's atty can't bring a preference action
> and then exempt a portion of the returned funds?
>
> Does it make any difference that debtor's relatives made a payment
> directly to debtor's credit card.
>
> Thank you,
>>> - John D. Faucher
charset="ISO-8859-1"
Re: [cdcbaa] Debtor recovering a preference in c7
Debtor’s attorney can’t bring the preference action, because the payment belongs to the estate, not to the debtor. The trustee can bring a preference action (and probably should here), but the recovery will go to the estate and its creditors rather than the debtor.
- John D. Faucher
On 8/5/10 2:15 PM, "Alik Segal" <listserv.inbox@gmail.com> wrote:

Listmates,
Debtor's relatives paid 25k of debtor's substantial credit card debt a
month ago. Now, a month later debtor wants to throw in the towel and
file c7.
Is there any reason why debtor's atty can't bring a preference action
and then exempt a portion of the returned funds?
Does it make any difference that debtor's relatives made a payment
directly to debtor's credit card.
Thank you,
- John D. Faucher

The post was migrated from Yahoo.

Yahoo Bot · Thu Aug 05, 2010 2:22 pm

In a message dated 8/5/2010 2:15:26 PM Pacific Daylight Time,
listserv.inbox@gmail.com writes:
Listmates,
Debtor's relatives paid 25k of debtor's substantial credit card debt a
month ago. Now, a month later debtor wants to throw in the towel and
file c7.
Is there any reason why debtor's atty can't bring a preference action
and then exempt a portion of the returned funds?
Does it make any difference that debtor's relatives made a payment
directly to debtor's credit card.
Thank you,
Alik Segal
_Alik.Segal@gmail.com_ (mailto:Alik.Segal@gmail.com)
310-362-6157
Cal. CD, Los Angeles
Alik Segal
_Alik.Segal@gmail.com_ (mailto:Alik.Segal@gmail.com)
310-362-6157
Cal. CD, Los Angeles
Alik Segal
_Alik.Segal@gmail.com_ (mailto:Alik.Segal@gmail.com)
310-362-6157
Cal. CD, Los Angeles
Debtor has no standing to bring a preference action in ch 7.
However, if someone other than debtor made the payment, then it appears the transfer was not of an interest of property of the debtor, therefore, no
preference 11 USC 547(b).
Law Office of Eric Alan Mitnick
21515 Hawthorne Boulevard, Suite 1080
Torrance, CA 90503
(310) 792-5864; 792-5866 (fax)
MitnickLaw@aol.com
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In a message dated 8/5/2010 2:15:26 PM Pacific Daylight Time,
listserv.inbox@gmail.com writes:

Listmates,Debtor's relatives paid 25k of debtor's substantial credit card debt amonth ago. Now, a month later debtor wants to throw in
the towel andfile c7.Is there any reason why debtor's atty can't
bring a preference actionand then exempt a portion of the returned
funds?Does it make any difference that debtor's relatives made a paymentdirectly to debtor's credit card.Thank you,-- Alik Segal
The post was migrated from Yahoo.

Yahoo Bot · Thu Aug 05, 2010 2:15 pm

Listmates,
Debtor's relatives paid 25k of debtor's substantial credit card debt a
month ago. Now, a month later debtor wants to throw in the towel and
file c7.
Is there any reason why debtor's atty can't bring a preference action
and then exempt a portion of the returned funds?
Does it make any difference that debtor's relatives made a payment
directly to debtor's credit card.
Thank you,
Alik Segal
Alik.Segal@gmail.com
310-362-6157
Cal. CD, Los Angeles
Alik Segal
Alik.Segal@gmail.com
310-362-6157
Cal. CD, Los Angeles
Alik Segal
Alik.Segal@gmail.com
310-362-6157
Cal. CD, Los Angeles

The post was migrated from Yahoo.