State Court or Bankruptcy Court for the fraudulent transfer claim
Posted: Fri Jul 31, 2015 9:52 pm
Reply-To: Chris Gautschi
X-Original-Return-Path: Chris Gautschi
To: cdcbaa@yahoogroups.com
X-Yahoo-Newman-Id: groups-system
Yikes
Sent from my iPhone
> On Jul 31, 2015, at 7:02 PM, Kirk Brennan kirkinhermosa@gmail.com [cdcbaa] wrote:
>
> Take a look at Stern v Marshall and its progeny
>
>> On Fri, Jul 31, 2015 at 8:40 AM, stephen burton stephenburtonlaw@yahoo.com [cdcbaa] wrote:
>>
>> Have a case where my client just acquired from the chapter 7 trustee the right to pursue certain fraudulent transfer action against third parties for valuable assets. Had the trustee brought the action it would have been brought in bankruptcy court. Now that my client owns the right there is apparently an issue whether the fraudulent transfer action can even be brought in bankruptcy court any longer. The order is not clear. Is there a jurisdiction issue where my client can now only bring the action in State Court?
>>
>> Steve Burton
>
>
>
> --
> Kirk Brennan
>
> CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance on this message. If you have received this message in error, please notify us immediately by return e-mail and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message.
> TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not constitute a "reliance opinion" as defined in IRS Circular 230 and may not be used to establish reasonable reliance on the opinion of counsel for the purpose of avoiding the penalty imposed by Section 6662A of the Internal Revenue Code. The firm provides reliance opinions only in formal opinion letters containing the signature of a director.
>
The post was migrated from Yahoo.
X-Original-Return-Path: Chris Gautschi
To: cdcbaa@yahoogroups.com
X-Yahoo-Newman-Id: groups-system
Yikes
Sent from my iPhone
> On Jul 31, 2015, at 7:02 PM, Kirk Brennan kirkinhermosa@gmail.com [cdcbaa] wrote:
>
> Take a look at Stern v Marshall and its progeny
>
>> On Fri, Jul 31, 2015 at 8:40 AM, stephen burton stephenburtonlaw@yahoo.com [cdcbaa] wrote:
>>
>> Have a case where my client just acquired from the chapter 7 trustee the right to pursue certain fraudulent transfer action against third parties for valuable assets. Had the trustee brought the action it would have been brought in bankruptcy court. Now that my client owns the right there is apparently an issue whether the fraudulent transfer action can even be brought in bankruptcy court any longer. The order is not clear. Is there a jurisdiction issue where my client can now only bring the action in State Court?
>>
>> Steve Burton
>
>
>
> --
> Kirk Brennan
>
> CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance on this message. If you have received this message in error, please notify us immediately by return e-mail and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message.
> TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not constitute a "reliance opinion" as defined in IRS Circular 230 and may not be used to establish reasonable reliance on the opinion of counsel for the purpose of avoiding the penalty imposed by Section 6662A of the Internal Revenue Code. The firm provides reliance opinions only in formal opinion letters containing the signature of a director.
>
The post was migrated from Yahoo.