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Levy prior to bankruptcy -any luck getting these reversed?
Review Section 522
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868 (805) 497-5864 (Facsimile)
NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENTOF THE TRANSMISSION, AND THIS COMMUNICATION IS INTENDED TO BE PRIVILEGED BY
LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION,DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE
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In a message dated 3/19/2013 5:42:06 A.M. Pacific Daylight Time,
gdatta@gmail.com writes:
Hi all,
I have a client who had 4 bank accounts levied 48 hours prior to
bankruptcy to the tune of $9000. I have sent demand letters to the creditor and the
sheriff's department with no luck. Wells Fargo is still in possession ofthe funds but they are holding it until the bankruptcy discharge order
comes through. At that point they intend to send the levied funds to theSheriff unless they get a court order, a letter from the creditor who asked for
the levy, or a letter from the Sheriff's Dept releasing the levy.
Unfortunately, this is a zero asset case so the trustee has no skin in the game to
force a turnover due to the fact it was a preferential transfer.
Question - how reverse this levy without the trustee asserting 11 USC 547(b)?? Can the debtor assert preferential transfer instead of the trusteeor is the client doomed to lose $9000 without the trustee litigating for
return of the money?
Gaurav Datta, Esq.,LL.M
4401 Atlantic Ave, Ste 225
Long Beach, CA 90807
Phone: 562-984-2074
Fax: 562-984-2081
Review Section 522
Mark T.
JesseeLaw Offices of Mark T. Jessee"A Debt Relief Agency"50 W.Hillcrest Drive, Suite 200Thousand Oaks, CA 91360(805) 497-5868 (805)
497-5864 (Facsimile)NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY
THE INTENDED RECIPIENT OF THE TRANSMISSION, AND THIS COMMUNICATION IS INTENDED
TO BE PRIVILEGED BY LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE,
DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED.
PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE
THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.
In a message dated 3/19/2013 5:42:06 A.M. Pacific Daylight Time,
gdatta@gmail.com writes:
Hi all, I have a client who had 4 bank accounts levied 48 hours
prior to bankruptcy to the tune of $9000. I have sent demand letters to
the creditor and the sheriff's department with no luck. Wells Fargo is
still in possession of the funds but they are holding it until the bankruptcy
discharge order comes through. At that point they intend to send the
levied funds to the Sheriff unless they get a court order, a letter from the
creditor who asked for the levy, or a letter from the Sheriff's Dept releasing
the levy. Unfortunately, this is a zero asset case so the trustee has no
skin in the game to force a turnover due to the fact it was a preferential
transfer. Question - how reverse this levy without the trustee
asserting 11 USC 547 (b)?? Can the debtor assert preferential transfer
instead of the trustee or is the client doomed to lose $9000 without the trustee litigating for return of the money?-- Gaurav
Datta, Esq.,LL.M4401 Atlantic Ave, Ste 225Long Beach, CA
90807Phone: 562-984-2074Fax: 562-984-2081
The post was migrated from Yahoo.
Hi all,
I have a client who had 4 bank accounts levied 48 hours prior to bankruptcy
to the tune of $9000. I have sent demand letters to the creditor and the
sheriff's department with no luck. Wells Fargo is still in possession of
the funds but they are holding it until the bankruptcy discharge order
comes through. At that point they intend to send the levied funds to the
Sheriff unless they get a court order, a letter from the creditor who asked
for the levy, or a letter from the Sheriff's Dept releasing the levy.
Unfortunately, this is a zero asset case so the trustee has no skin in the
game to force a turnover due to the fact it was a preferential transfer.
Question - how reverse this levy without the trustee asserting 11 USC 547
(b)?? Can the debtor assert preferential transfer instead of the trustee
or is the client doomed to lose $9000 without the trustee litigating for
return of the money?
*Gaurav Datta, Esq.,LL.M
4401 Atlantic Ave, Ste 225
Long Beach, CA 90807
Phone: 562-984-2074
Fax: 562-984-2081*
Hi all, I have a client who had 4 bank accounts levied 48 hours prior to bankruptcy to the tune of $9000. I have sent demand letters to the creditor and the sheriff's department with no luck. Wells Fargo is still in possession of the funds but they are holding it until the bankruptcy discharge order comes through. At that point they intend to send the levied funds to the Sheriff unless they get a court order, a letter from the creditor who asked for the levy, or a letter from the Sheriff's Dept releasing the levy. Unfortunately, this is a zero asset case so the trustee has no skin in the game to force a turnover due to the fact it was a preferential transfer.
Question - how reverse this levy without the trustee asserting 11 USC 547 (b)?? Can the debtor assert preferential transfer instead of the trustee or is the client doomed to lose $9000 without the trustee litigating for return of the money?
-- Gaurav Datta, Esq.,LL.M4401 Atlantic Ave, Ste 225Long Beach, CA 90807Phone: 562-984-2074Fax: 562-984-2081
The post was migrated from Yahoo.