Central District Consumer Bankruptcy Attorney's Association

I love the crack, Irish style, but record years later and it's a fraudulent conveyance. Try again. Do you seriously think that the consideration issue is the only issue? Any act to hinder, delay or defraud qualifies. 548a1A.
Sent from my iPhone
On Jan 7, 2012, at 6:28 PM, "jbsesq1965" wrote:
> Holly, you are right. I never read 547(e)(2)(B) before today, and that's EXCATLY what what that says. Thank you very much.
>
> Dennis, you are on crack! The fact pattern was intended to take fraudulent conveyance out of the equation. The uncle ACTUALLY LENT THE MONEY...no fraudulent conveyance...but I love you man! Thanks to all for the really prompt responses on a Saturday.
>
> Jeff Smith
>
> --- In cdcbaa@yahoogroups.com, Kirk Brennan wrote:
> >
> > Have the uncle record. Then wait to file.
> > On Jan 7, 2012 1:42 PM, "Holly Roark" wrote:
> >
> > > **
> > >
> > >
> > > I don't have the case law handy, but I researched this before and I
> > > believe if he records, you should wait a year to file. See
> > > 547(e)(2)(B).
> > >
> > > On 1/7/12, jbsesq1965 wrote:
> > > > Listmates:
> > > >
> > > > PC owns commercial property and in 2007 borrowed $350,000 from his uncle
> > > to
> > > > pay his ex-spouse the final payment owed on a Property Equalization
> > > Judgment
> > > > to conclude that divorce. The transaction is well documented. The PC gave
> > > > his uncle a 2007 notarized Deed of Trust on the commercial property,
> > > > executed a promissory note to uncle and used all of the proceeds to pay
> > > the
> > > > ex-wife. PC made a few years of payments to uncle per the contract, then
> > > > got behind.
> > > >
> > > > PC would benefit from a Chapter 7 bankruptcy now, but has learned that
> > > uncle
> > > > never recorded his $350,000 Deed of Trust. Without the deed, the
> > > commercial
> > > > property has equity. With it, it has no equity. PC does not want uncle
> > > > harmed.
> > > >
> > > > If uncle records the Deed of Trust now (pre-filing) is that a "transfer"
> > > for
> > > > preference purposes? I recall that there is law that recording is not an
> > > > element of what constitutes a transfer of an interest in property. Would
> > > > anyone disagree with that?
> > > >
> > > > Thanks,
> > > >
> > > > 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
> > > > www.expertbk.com
> > > >
> > > >
> > > >
> > > >
> > >
> > > --
> > > Sent from my mobile device
> > >
> > > Holly Roark
> > > holly@...
> > > www.roarklawoffices.com
> > > Central District of California
> > > Consumer Bankruptcy Attorney
> > > 1875 Century Park East, Suite 600
> > > Los Angeles, CA 90067
> > > T (310) 553-2600
> > > F (310) 553-2601
> > >
> > >
> >
>
>
I love the crack, Irish style, but record years later and it's a fraudulent conveyance. Try again. Do you seriously think that the consideration issue is the only issue? Any act to hinder, delay or defraud qualifies. 548a1A.Sent from my iPhoneOn Jan 7, 2012, at 6:28 PM, "jbsesq1965" <jsmith@cgsattys.com> wrote:

Holly, you are right. I never read 547(e)(2)(B) before today, and that's EXCATLY what what that says. Thank you very much.
Dennis, you are on crack! The fact pattern was intended to take fraudulent conveyance out of the equation. The uncle ACTUALLY LENT THE MONEY...no fraudulent conveyance...but I love you man! Thanks to all for the really prompt responses on a Saturday.
Jeff Smith
@yahoogroups.com">cdcbaa@yahoogroups.com, Kirk Brennan <kirkinhermosa@...> wrote:
>
> Have the uncle record. Then wait to file.
> On Jan 7, 2012 1:42 PM, "Holly Roark" <hollyroark22@...> wrote:
>
> > **
> >
> >
> > I don't have the case law handy, but I researched this before and I
> > believe if he records, you should wait a year to file. See
> > 547(e)(2)(B).
> >
> > On 1/7/12, jbsesq1965 <jsmith@...> wrote:
> > > Listmates:
> > >
> > > PC owns commercial property and in 2007 borrowed $350,000 from his uncle
> > to
> > > pay his ex-spouse the final payment owed on a Property Equalization
> > Judgment
> > > to conclude that divorce. The transaction is well documented. The PC gave
> > > his uncle a 2007 notarized Deed of Trust on the commercial property,
> > > executed a promissory note to uncle and used all of the proceeds to pay
> > the
> > > ex-wife. PC made a few years of payments to uncle per the contract, then
> > > got behind.
> > >
> > > PC would benefit from a Chapter 7 bankruptcy now, but has learned that
> > uncle
> > > never recorded his $350,000 Deed of Trust. Without the deed, the
> > commercial
> > > property has equity. With it, it has no equity. PC does not want uncle
> > > harmed.
> > >
> > > If uncle records the Deed of Trust now (pre-filing) is that a "transfer"
> > for
> > > preference purposes? I recall that there is law that recording is not an
> > > element of what constitutes a transfer of an interest in property. Would
> > > anyone disagree with that?
> > >
> > > Thanks,
> > >
> > > 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
> > > www.expertbk.com
> > >
> > >
> > >
> > >
> >
> > --
> > Sent from my mobile device
> >
> > Holly Roark
> > holly@...
> > www.roarklawoffices.com
> > Central District of California
> > Consumer Bankruptcy Attorney
> > 1875 Century Park East, Suite 600
> > Los Angeles, CA 90067
> > T (310) 553-2600
> > F (310) 553-2601
> >
> >
>

The post was migrated from Yahoo.

Holly, you are right. I never read 547(e)(2)(B) before today, and that's EXCATLY what what that says. Thank you very much.
Dennis, you are on crack! The fact pattern was intended to take fraudulent conveyance out of the equation. The uncle ACTUALLY LENT THE MONEY...no fraudulent conveyance...but I love you man! Thanks to all for the really prompt responses on a Saturday.
Jeff Smith
>
> Have the uncle record. Then wait to file.
> On Jan 7, 2012 1:42 PM, "Holly Roark" wrote:
>
> > **
> >
> >
> > I don't have the case law handy, but I researched this before and I
> > believe if he records, you should wait a year to file. See
> > 547(e)(2)(B).
> >
> > On 1/7/12, jbsesq1965 wrote:
> > > Listmates:
> > >
> > > PC owns commercial property and in 2007 borrowed $350,000 from his uncle
> > to
> > > pay his ex-spouse the final payment owed on a Property Equalization
> > Judgment
> > > to conclude that divorce. The transaction is well documented. The PC gave
> > > his uncle a 2007 notarized Deed of Trust on the commercial property,
> > > executed a promissory note to uncle and used all of the proceeds to pay
> > the
> > > ex-wife. PC made a few years of payments to uncle per the contract, then
> > > got behind.
> > >
> > > PC would benefit from a Chapter 7 bankruptcy now, but has learned that
> > uncle
> > > never recorded his $350,000 Deed of Trust. Without the deed, the
> > commercial
> > > property has equity. With it, it has no equity. PC does not want uncle
> > > harmed.
> > >
> > > If uncle records the Deed of Trust now (pre-filing) is that a "transfer"
> > for
> > > preference purposes? I recall that there is law that recording is not an
> > > element of what constitutes a transfer of an interest in property. Would
> > > anyone disagree with that?
> > >
> > > Thanks,
> > >
> > > 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
> > > www.expertbk.com
> > >
> > >
> > >
> > >
> >
> > --
> > Sent from my mobile device
> >
> > Holly Roark
> > holly@...
> > www.roarklawoffices.com
> > Central District of California
> > Consumer Bankruptcy Attorney
> > 1875 Century Park East, Suite 600
> > Los Angeles, CA 90067
> > T (310) 553-2600
> > F (310) 553-2601
> >
> >
>

The post was migrated from Yahoo.

A relative is an insider if within the third degree...101 (31) & (45). 548 limit is 2 years for an uncle. Count up, parent(1), grandparent (2) uncle(3).
Cannot file for 2 years after recording.
D
Sent from my iPhone
On Jan 7, 2012, at 1:42 PM, Holly Roark wrote:
> I don't have the case law handy, but I researched this before and I
> believe if he records, you should wait a year to file. See
> 547(e)(2)(B).
>
> On 1/7/12, jbsesq1965 wrote:
> > Listmates:
> >
> > PC owns commercial property and in 2007 borrowed $350,000 from his uncle to
> > pay his ex-spouse the final payment owed on a Property Equalization Judgment
> > to conclude that divorce. The transaction is well documented. The PC gave
> > his uncle a 2007 notarized Deed of Trust on the commercial property,
> > executed a promissory note to uncle and used all of the proceeds to pay the
> > ex-wife. PC made a few years of payments to uncle per the contract, then
> > got behind.
> >
> > PC would benefit from a Chapter 7 bankruptcy now, but has learned that uncle
> > never recorded his $350,000 Deed of Trust. Without the deed, the commercial
> > property has equity. With it, it has no equity. PC does not want uncle
> > harmed.
> >
> > If uncle records the Deed of Trust now (pre-filing) is that a "transfer" for
> > preference purposes? I recall that there is law that recording is not an
> > element of what constitutes a transfer of an interest in property. Would
> > anyone disagree with that?
> >
> > Thanks,
> >
> > 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
> > www.expertbk.com
> >
> >
> >
> >
>
> --
> Sent from my mobile device
>
> Holly Roark
> holly@roarklawoffices.com
> www.roarklawoffices.com
> Central District of California
> Consumer Bankruptcy Attorney
> 1875 Century Park East, Suite 600
> Los Angeles, CA 90067
> T (310) 553-2600
> F (310) 553-2601
>
A relative is an insider if within the third degree...101 (31) & (45). 548 limit is 2 years for an uncle. Count up, parent(1), grandparent (2) uncle(3). Cannot file for 2 years after recording.DSent from my iPhoneOn Jan 7, 2012, at 1:42 PM, Holly Roark <hollyroark22@gmail.com> wrote:

I don't have the case law handy, but I researched this before and I
believe if he records, you should wait a year to file. See
547(e)(2)(B).
On 1/7/12, jbsesq1965 <
The post was migrated from Yahoo.

Ok Kirk, wait how long?
Sent from my iPhone
On Jan 7, 2012, at 2:14 PM, Kirk Brennan wrote:
> Have the uncle record. Then wait to file.
>
> On Jan 7, 2012 1:42 PM, "Holly Roark" wrote:
>
> I don't have the case law handy, but I researched this before and I
> believe if he records, you should wait a year to file. See
> 547(e)(2)(B).
>
> On 1/7/12, jbsesq1965 wrote:
> > Listmates:
> >
> > PC owns commercial property and in 2007 borrowed $350,000 from his uncle to
> > pay his ex-spouse the final payment owed on a Property Equalization Judgment
> > to conclude that divorce. The transaction is well documented. The PC gave
> > his uncle a 2007 notarized Deed of Trust on the commercial property,
> > executed a promissory note to uncle and used all of the proceeds to pay the
> > ex-wife. PC made a few years of payments to uncle per the contract, then
> > got behind.
> >
> > PC would benefit from a Chapter 7 bankruptcy now, but has learned that uncle
> > never recorded his $350,000 Deed of Trust. Without the deed, the commercial
> > property has equity. With it, it has no equity. PC does not want uncle
> > harmed.
> >
> > If uncle records the Deed of Trust now (pre-filing) is that a "transfer" for
> > preference purposes? I recall that there is law that recording is not an
> > element of what constitutes a transfer of an interest in property. Would
> > anyone disagree with that?
> >
> > Thanks,
> >
> > 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
> > www.expertbk.com
> >
> >
> >
> >
>
> --
> Sent from my mobile device
>
> Holly Roark
> holly@roarklawoffices.com
> www.roarklawoffices.com
> Central District of California
> Consumer Bankruptcy Attorney
> 1875 Century Park East, Suite 600
> Los Angeles, CA 90067
> T (310) 553-2600
> F (310) 553-2601
>
Ok Kirk, wait how long?Sent from my iPhoneOn Jan 7, 2012, at 2:14 PM, Kirk Brennan <kirkinhermosa@gmail.com> wrote:

Have the uncle record. Then wait to file.
On Jan 7, 2012 1:42 PM, "Holly Roark" <hollyroark22@gmail.com> wrote:

I don't have the case law handy, but I researched this before and I
believe if he records, you should wait a year to file. See
547(e)(2)(B).
On 1/7/12, jbsesq1965 <> wrote:
> Listmates:
>
> PC owns commercial property and in 2007 borrowed $350,000 from his uncle to
> pay his ex-spouse the final payment owed on a Property Equalization Judgment
> to conclude that divorce. The transaction is well documented. The PC gave
> his uncle a 2007 notarized Deed of Trust on the commercial property,
> executed a promissory note to uncle and used all of the proceeds to pay the
> ex-wife. PC made a few years of payments to uncle per the contract, then
> got behind.
>
> PC would benefit from a Chapter 7 bankruptcy now, but has learned that uncle
> never recorded his $350,000 Deed of Trust. Without the deed, the commercial
> property has equity. With it, it has no equity. PC does not want uncle
> harmed.
>
> If uncle records the Deed of Trust now (pre-filing) is that a "transfer" for
> preference purposes? I recall that there is law that recording is not an
> element of what constitutes a transfer of an interest in property. Would
> anyone disagree with that?
>
> Thanks,
>
> 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
> www.expertbk.com
>
>
>
>
Sent from my mobile device
Holly Roark

The post was migrated from Yahoo.

Have the uncle record. Then wait to file.
On Jan 7, 2012 1:42 PM, "Holly Roark" wrote:
> **
>
>
> I don't have the case law handy, but I researched this before and I
> believe if he records, you should wait a year to file. See
> 547(e)(2)(B).
>
> On 1/7/12, jbsesq1965 wrote:
> > Listmates:
> >
> > PC owns commercial property and in 2007 borrowed $350,000 from his uncle
> to
> > pay his ex-spouse the final payment owed on a Property Equalization
> Judgment
> > to conclude that divorce. The transaction is well documented. The PC gave
> > his uncle a 2007 notarized Deed of Trust on the commercial property,
> > executed a promissory note to uncle and used all of the proceeds to pay
> the
> > ex-wife. PC made a few years of payments to uncle per the contract, then
> > got behind.
> >
> > PC would benefit from a Chapter 7 bankruptcy now, but has learned that
> uncle
> > never recorded his $350,000 Deed of Trust. Without the deed, the
> commercial
> > property has equity. With it, it has no equity. PC does not want uncle
> > harmed.
> >
> > If uncle records the Deed of Trust now (pre-filing) is that a "transfer"
> for
> > preference purposes? I recall that there is law that recording is not an
> > element of what constitutes a transfer of an interest in property. Would
> > anyone disagree with that?
> >
> > Thanks,
> >
> > 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
> > www.expertbk.com
> >
> >
> >
> >
>
> --
> Sent from my mobile device
>
> Holly Roark
> holly@roarklawoffices.com
> www.roarklawoffices.com
> Central District of California
> Consumer Bankruptcy Attorney
> 1875 Century Park East, Suite 600
> Los Angeles, CA 90067
> T (310) 553-2600
> F (310) 553-2601
>
>
Have the uncle record. Then wait to file.
On Jan 7, 2012 1:42 PM, "Holly Roark" <hollyroark22@gmail.com> wrote:
I don't have the case law handy, but I researched this before and I
believe if he records, you should wait a year to file. See
547(e)(2)(B).
On 1/7/12, jbsesq1965 <
The post was migrated from Yahoo.

Perfection of the deed of trust completes the "transfer", and also, obviously
improves Uncle's position over other creditors. Thus, a preferential transfer,
assuming insolvency, etc........
Kenneth Jay Schwartz, Esq.
LAW OFFICE OF KENNETH JAY SCHWARTZ
21031 Ventura Boulevard, Suite 640
Woodland Hills, California 91364-2226
Telephone: (818) 226-1205
Facsimile : (818) 226-1213
THE INFORMATION CONTAINED IN THIS E-MAIL IS INTENDED ONLY FOR THE PERSONAL AND
CONFIDENTIAL USE OF THE DESIGNATED RECIPIENT(S) NAMED ABOVE. THIS MESSAGE MAY
BE AN ATTORNEY-CLIENT COMMUNICATION, AND, AS SUCH, IS PRIVILEGED AND
CONFIDENTIAL. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR AN
AGENT RESPONSIBLE FOR DELIVERING IT TO THE DESIGNATED RECIPIENT, YOU ARE HEREBY
NOTIFIED THAT YOU HAVE RECEIVED THIS E-MAIL IN ERROR, AND THAT ANY REVIEW,DISSEMINATION, DISTRIBUTION OR COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED.
IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY.
THANK YOU.
________________________________
To: cdcbaa@yahoogroups.com
Sent: Sat, January 7, 2012 1:18:03 PM
Subject: [cdcbaa] Is mere recording a "Transfer" for preference purposes?
Listmates:
PC owns commercial property and in 2007 borrowed $350,000 from his uncle to pay
his ex-spouse the final payment owed on a Property Equalization Judgment toconclude that divorce. The transaction is well documented. The PC gave his
uncle a 2007 notarized Deed of Trust on the commercial property, executed apromissory note to uncle and used all of the proceeds to pay the ex-wife. PC
made a few years of payments to uncle per the contract, then got behind.
PC would benefit from a Chapter 7 bankruptcy now, but has learned that uncle
never recorded his $350,000 Deed of Trust. Without the deed, the commercial
property has equity. With it, it has no equity. PC does not want uncle harmed.
If uncle records the Deed of Trust now (pre-filing) is that a "transfer" for
preference purposes? I recall that there is law that recording is not an
element of what constitutes a transfer of an interest in property. Would anyone
disagree with that?
Thanks,
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
www.expertbk.com
Perfection of the deed of trust completes the "transfer", and also, obviously improves Uncle's position over other creditors. Thus, a preferential transfer, assuming insolvency, etc........ Kenneth Jay Schwartz, Esq.LAW OFFICE OF KENNETH JAY SCHWARTZ21031 Ventura Boulevard, Suite 640Woodland Hills, California 91364-2226Telephone: (818) 226-1205Facsimile : (818) 226-1213THE INFORMATION CONTAINED IN THIS E-MAIL IS INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF THE DESIGNATED RECIPIENT(S) NAMED ABOVE. THIS MESSAGE MAY BE AN ATTORNEY-CLIENT COMMUNICATION, AND, AS SUCH, IS PRIVILEGED AND CONFIDENTIAL. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR AN AGENT RESPONSIBLE FOR DELIVERING IT TO THE DESIGNATED
RECIPIENT, YOU ARE HEREBY NOTIFIED THAT YOU HAVE RECEIVED THIS E-MAIL IN ERROR, AND THAT ANY REVIEW, DISSEMINATION, DISTRIBUTION OR COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY. THANK YOU.
The post was migrated from Yahoo.

Listmates:
PC owns commercial property and in 2007 borrowed $350,000 from his uncle to pay his ex-spouse the final payment owed on a Property Equalization Judgment to conclude that divorce. The transaction is well documented. The PC gave his uncle a 2007 notarized Deed of Trust on the commercial property, executed a promissory note to uncle and used all of the proceeds to pay the ex-wife. PC made a few years of payments to uncle per the contract, then got behind.
PC would benefit from a Chapter 7 bankruptcy now, but has learned that uncle never recorded his $350,000 Deed of Trust. Without the deed, the commercial property has equity. With it, it has no equity. PC does not want uncle harmed.
If uncle records the Deed of Trust now (pre-filing) is that a "transfer" for preference purposes? I recall that there is law that recording is not an element of what constitutes a transfer of an interest in property. Would anyone disagree with that?
Thanks,
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
www.expertbk.com

The post was migrated from Yahoo.