trustee duty to inform debtor if making preference

Post Reply
Yahoo Bot
Posts: 22904
Joined: Sun Oct 18, 2020 11:38 pm


I will ask the debtor about the potential preference at the 341 so I can establish the requisite elements (antecedent debt etc).

The post was migrated from Yahoo.
Top
Yahoo Bot
Posts: 22904
Joined: Sun Oct 18, 2020 11:38 pm


Larry and Jonathan have it right but in both my debtor and trustee practice I have thought a lot about what exactly are the boundaries of a Trustee's duties to the Debtor, there are cases that talk about duties to the Debtor, -- In re Kay, 223 B.R. 816 (M.D. Fla. 1998) mentions "fiduciary duty to the debtor." If anyone has a good article on that specific issue I would move to know about it -

The post was migrated from Yahoo.
Top
Yahoo Bot
Posts: 22904
Joined: Sun Oct 18, 2020 11:38 pm


I don't advise the debtor prior to making a demand upon a creditor.

The post was migrated from Yahoo.
Top
Post Reply

Return to “Yahoo Old Posts”