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Jeff:
The problem is most judges would annul the stay when actions of the creditor have been taken in violation of the stay, as a result of the debtor's improper notice.
postpetition has no hyphen
Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
> On Feb 24, 2015, at 11:20 AM, jsmith@cgsattys.com [cdcbaa] wrote:
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> I have a Chapter 7 Debtor who defaulted a long time ago on an SBA loan. We listed the lender but not the SBA on the schedules. Apparently, unknown to us, the SBA paid the bank some time ago and the SBA (U.S. Treasury-Bureau of Ficsal Services) paid the guarantee, and got assignment of the debt.
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> Also listed in our shdeules and exempted via the wild-card is a $6000 tax refund due from the IRS to my client.
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> Today the client recieved a letter from the Treasury "thanking him" (sarcasm) for the $6000 (post-petition) offset of that refund, to repay the defaulted SBA loan.
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> Before I write to the SBA/Department of Treasury/Fiscal Services Bureau and tell them that they violated the stay by performing a post-petition offset, albeit inadvertently, and demand return of the refund, is there anyone who thinks that the SBA gets some sort of special treatment on this one? I find nothing in 362 or anywhere else, but you never know it there is some obscure exception for intra-goernment offsets that I don't know about.
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> Thanks
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> Jeffrey B. Smith
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