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Can You Substantively Consolidate two Chapter 7s?
Yes, as long as you are buying the community interest. Put that in the motion. Also put in allegation there is no separate claim and serve Dye.
D
Sent from my iPhone
On Apr 5, 2012, at 9:29 AM, "jbsesq1965" wrote:
> Dennis:
>
> I represent neither debtor. I represent someone both debtors were suing when they filed seperate Chapter 7 BKs about 3 months apart. Ros G is Debtor #1's trustee and we cut a deal to pay that estate $$$ to buy the state claims back and end the state litigation against my client. Before we could put that to bed, wife (who was also suing my client in state court regarding the same transaction) filed her BK. Dye is her trustee.
>
> We want our settlment with Ros to cover both debtors' claims. Ros is willing to ask Dye to step aside and take over as trustee of wife's case (Dye has agreed to this), but now he is complaining that he has to administer two cases, file two final reports etc. and he thinks the money is low for all his efforts. My solutuion was to substantively consolidate the cases and the estates so there is only one case to administer.
>
> Do you think I can do that?
>
> You've given me an idea though. Based on your logic, maybe I can draft the settlement agreement in Ros's case (husband's, filed first) to say that the settlment is buying all of the estate's interest INCLUDING THE COMMUNITY PROPERTY INTERESTS, in the claims against my client, leaving nothing in the wife's case to sell. As long as the claims against my client are community in nature (I think they are, they are NOT personal injury claims) doesn't the sale in husbands case end all of this including wife's claims against my client?
>
> Jeff Smith
>
> --- In cdcbaa@yahoogroups.com, Dennis McGoldrick wrote:
> >
> > Which couple do you represent?
> > Is the hubby your client or the person suing your client?
> > Is the wife your client or the person suing your client?
> >
> > If hubby and wife are suing your client, all assets of couple (if community) went into hubby's case. So no reason to move to consolidate, get first judge to rule all assets are in first case and you bought the entire action.
> >
> > dennis
> >
> >
> > ________________________________
> > To: cdcbaa@yahoogroups.com
> > Sent: Wednesday, April 4, 2012 3:49 PM
> > Subject: [cdcbaa] Can You Substantively Consolidate two Chapter 7s?
> >
> >
> >
> >
> >
> > I have substantively consolidated chapter 11 cases before under the court's section 105 powers. I have researched the cases and understand the legal showing necessary to consolidate. Every case I reviewed though looks like a Chapter 11. I want to do it in a pair of seperately filed (husband and wife) Chapter 7 cases.
> >
> > My clients were being sued by a couple when the hubby filed chapter 7. We reached a settlement with his chapter 7 trustee to buy the claims from his estate subject to a Rule 9019 motion to approve.
> >
> > Then the wife filed her chapter 7. If I move to substantively consolidate I'm sure the trustee will do the deal for both estates. Does anyone know if there is a reason that Chapter 7s might not be consolidated on the same equitable grounds that chapter 11 cases can be consolidated?
> >
> > Jeffrey B. Smith**
> > CURD, GALINDO & SMITH, L.L.P.
> > 301 East Ocean Blvd. #1700
> > Long Beach, CA 90802
> > (562) 624-1177
> > (562) 624-1178 fax
> > (310) 993-6560 cellular
> > www.expertbk.com
> >
>
>
Yes, as long as you are buying the community interest. Put that in the motion. Also put in allegation there is no separate claim and serve Dye. DSent from my iPhoneOn Apr 5, 2012, at 9:29 AM, "jbsesq1965" <jsmith@cgsattys.com> wrote:
Dennis:
I represent neither debtor. I represent someone both debtors were suing when they filed seperate Chapter 7 BKs about 3 months apart. Ros G is Debtor #1's trustee and we cut a deal to pay that estate $$$ to buy the state claims back and end the state litigation against my client. Before we could put that to bed, wife (who was also suing my client in state court regarding the same transaction) filed her BK. Dye is her trustee.
We want our settlment with Ros to cover both debtors' claims. Ros is willing to ask Dye to step aside and take over as trustee of wife's case (Dye has agreed to this), but now he is complaining that he has to administer two cases, file two final reports etc. and he thinks the money is low for all his efforts. My solutuion was to substantively consolidate the cases and the estates so there is only one case to administer.
Do you think I can do that?
You've given me an idea though. Based on your logic, maybe I can draft the settlement agreement in Ros's case (husband's, filed first) to say that the settlment is buying all of the estate's interest INCLUDING THE COMMUNITY PROPERTY INTERESTS, in the claims against my client, leaving nothing in the wife's case to sell. As long as the claims against my client are community in nature (I think they are, they are NOT personal injury claims) doesn't the sale in husbands case end all of this including wife's claims against my client?
Jeff Smith
@yahoogroups.com">cdcbaa@yahoogroups.com, Dennis McGoldrick <easky1@...> wrote:
>
> Which couple do you represent?
> Is the hubby your client or the person suing your client?
> Is the wife your client or the person suing your client?
>
> If hubby and wife are suing your client, all assets of couple (if community) went into hubby's case. So no reason to move to consolidate, get first judge to rule all assets are in first case and you bought the entire action.
>
> dennis
>
>
> ________________________________
> To: cdcbaa@yahoogroups.com
> Sent: Wednesday, April 4, 2012 3:49 PM
> Subject: [cdcbaa] Can You Substantively Consolidate two Chapter 7s?
>
>
>
>
>
> I have substantively consolidated chapter 11 cases before under the court's section 105 powers. I have researched the cases and understand the legal showing necessary to consolidate. Every case I reviewed though looks like a Chapter 11. I want to do it in a pair of seperately filed (husband and wife) Chapter 7 cases.
>
> My clients were being sued by a couple when the hubby filed chapter 7. We reached a settlement with his chapter 7 trustee to buy the claims from his estate subject to a Rule 9019 motion to approve.
>
> Then the wife filed her chapter 7. If I move to substantively consolidate I'm sure the trustee will do the deal for both estates. Does anyone know if there is a reason that Chapter 7s might not be consolidated on the same equitable grounds that chapter 11 cases can be consolidated?
>
> Jeffrey B. Smith**
> CURD, GALINDO & SMITH, L.L.P.
> 301 East Ocean Blvd. #1700
> Long Beach, CA 90802
> (562) 624-1177
> (562) 624-1178 fax
> (310) 993-6560 cellular
> www.expertbk.com
>
The post was migrated from Yahoo.
Dennis:
I represent neither debtor. I represent someone both debtors were suing when they filed seperate Chapter 7 BKs about 3 months apart. Ros G is Debtor #1's trustee and we cut a deal to pay that estate $$$ to buy the state claims back and end the state litigation against my client. Before we could put that to bed, wife (who was also suing my client in state court regarding the same transaction) filed her BK. Dye is her trustee.
We want our settlment with Ros to cover both debtors' claims. Ros is willing to ask Dye to step aside and take over as trustee of wife's case (Dye has agreed to this), but now he is complaining that he has to administer two cases, file two final reports etc. and he thinks the money is low for all his efforts. My solutuion was to substantively consolidate the cases and the estates so there is only one case to administer.
Do you think I can do that?
You've given me an idea though. Based on your logic, maybe I can draft the settlement agreement in Ros's case (husband's, filed first) to say that the settlment is buying all of the estate's interest INCLUDING THE COMMUNITY PROPERTY INTERESTS, in the claims against my client, leaving nothing in the wife's case to sell. As long as the claims against my client are community in nature (I think they are, they are NOT personal injury claims) doesn't the sale in husbands case end all of this including wife's claims against my client?
Jeff Smith
>
> Which couple do you represent?
> Is the hubby your client or the person suing your client?
> Is the wife your client or the person suing your client?
>
> If hubby and wife are suing your client, all assets of couple (if community) went into hubby's case. So no reason to move to consolidate, get first judge to rule all assets are in first case and you bought the entire action.
>
> dennis
>
>
> ________________________________
> To: cdcbaa@yahoogroups.com
> Sent: Wednesday, April 4, 2012 3:49 PM
> Subject: [cdcbaa] Can You Substantively Consolidate two Chapter 7s?
>
>
>
>
>
> I have substantively consolidated chapter 11 cases before under the court's section 105 powers. I have researched the cases and understand the legal showing necessary to consolidate. Every case I reviewed though looks like a Chapter 11. I want to do it in a pair of seperately filed (husband and wife) Chapter 7 cases.
>
> My clients were being sued by a couple when the hubby filed chapter 7. We reached a settlement with his chapter 7 trustee to buy the claims from his estate subject to a Rule 9019 motion to approve.
>
> Then the wife filed her chapter 7. If I move to substantively consolidate I'm sure the trustee will do the deal for both estates. Does anyone know if there is a reason that Chapter 7s might not be consolidated on the same equitable grounds that chapter 11 cases can be consolidated?
>
> Jeffrey B. Smith**
> CURD, GALINDO & SMITH, L.L.P.
> 301 East Ocean Blvd. #1700
> Long Beach, CA 90802
> (562) 624-1177
> (562) 624-1178 fax
> (310) 993-6560 cellular
> www.expertbk.com
>
The post was migrated from Yahoo.
Which couple do you represent?
Is the hubby your client or the person suing your client?
Is the wife your client or the person suing your client?
If hubby and wife are suing your client, all assets of couple (if community) went into hubby's case. So no reason to move to consolidate, get first judge to rule all assets are in first case and you bought the entire action.
dennis
________________________________
To: cdcbaa@yahoogroups.com
Sent: Wednesday, April 4, 2012 3:49 PM
Subject: [cdcbaa] Can You Substantively Consolidate two Chapter 7s?
I have substantively consolidated chapter 11 cases before under the court's section 105 powers. I have researched the cases and understand the legal showing necessary to consolidate. Every case I reviewed though looks like a Chapter 11. I want to do it in a pair of seperately filed (husband and wife) Chapter 7 cases.
My clients were being sued by a couple when the hubby filed chapter 7. We reached a settlement with his chapter 7 trustee to buy the claims from his estate subject to a Rule 9019 motion to approve.
Then the wife filed her chapter 7. If I move to substantively consolidate I'm sure the trustee will do the deal for both estates. Does anyone know if there is a reason that Chapter 7s might not be consolidated on the same equitable grounds that chapter 11 cases can be consolidated?
Jeffrey B. Smith**
CURD, GALINDO & SMITH, L.L.P.
301 East Ocean Blvd. #1700
Long Beach, CA 90802
(562) 624-1177
(562) 624-1178 fax
(310) 993-6560 cellular
www.expertbk.com
The post was migrated from Yahoo.
I have substantively consolidated chapter 11 cases before under the court's section 105 powers. I have researched the cases and understand the legal showing necessary to consolidate. Every case I reviewed though looks like a Chapter 11. I want to do it in a pair of seperately filed (husband and wife) Chapter 7 cases.
My clients were being sued by a couple when the hubby filed chapter 7. We reached a settlement with his chapter 7 trustee to buy the claims from his estate subject to a Rule 9019 motion to approve.
Then the wife filed her chapter 7. If I move to substantively consolidate I'm sure the trustee will do the deal for both estates. Does anyone know if there is a reason that Chapter 7s might not be consolidated on the same equitable grounds that chapter 11 cases can be consolidated?
Jeffrey B. Smith**
CURD, GALINDO & SMITH, L.L.P.
301 East Ocean Blvd. #1700
Long Beach, CA 90802
(562) 624-1177
(562) 624-1178 fax
(310) 993-6560 cellular
www.expertbk.com
The post was migrated from Yahoo.