charsetF-8;
format="flowed"
The PC is dishonest and deserves his fate. He could also face a
727(a)(2) action for transferring that $75,000 to his friend. I would
run away from this PC.
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
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.
On Thu, 22 Mar 2012 15:24:53 -0700, "John D. Faucher" wrote:
Esteemed practitioners:
My potential client faces a foreclosure action on Wednesday morning.
This occurs, of course, after all his efforts to modify his loan fell
through. In the drama of the loan modification process, a friend and
business associate gave him $75,000 to put into his account to show
recent income.
Now that he wants to file bankruptcy, the money has gone back to his
friend every last cent. He used none of it for any other purposethan bulking up the appearance of his account.
I'm inclined to claim that the money wasn't a loan and the friend
wasn't a creditor, but that the debtor was holding the money as
property of another. If this theory flies, then the repayment is not a
preference.
I think that's a big "if." And, of course, it leads to the notion
that the debtor was committing bank fraud.
The friend is in a South American country, so a preference action by
the trustee may be unavailing, or at the least difficult.
Any advice on a way to help this guy? Or do I just run away from the
situation?
John D. Faucher
Faucher & Associates
5743 Corsa Ave., Suite 116
Westlake Village, CA 91362
(818) 889-8080
Fax: (805) 367-4154
http://www.hurlbettfaucher.com/
This electronic mail message and any attached files are confidential,
contain information intended for the exclusive use of the individual or
entity to whom it is addressed, and may be legally privileged. If you
are not the intended recipient, please immediately reply to John Fa
ucher (at 818/889-8080 or
john@hf-bklaw.com) indicating that you
received this message and then delete the message without delay. Thank
you for your cooperation.
Disclosure Under U.S. IRS Circular 230: The recipient may not use any
tax advice contained in this communication, including any attachments,
for the purpose of avoiding federal tax related penalties or promoting,
marketing or recommending to another party any particular transaction
or matter.
start="
4wt1q8iy1c4k@webmail.mysuperpageshosting.com"
charsetF-8
p{margin: 0;padding: 0;}The PC is dishonest and deserves his
fate. He could also face a 727(a)(2) action for transferring that
$75,000 to his friend. I would run away from this PC.
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.
On Thu, 22 Mar 2012 15:24:53 -0700, "John D. Faucher"
<
j.d.faucher@sbcglobal.net> wrote:
The post was migrated from Yahoo.