There is definitely a stern problem which may be overcome if the defendant
does not play his/her cards correctly but there are other issues here.
Without seeing the actual thing that was bought it is hard to say what it
is that was bought.
The right to sue as if you are the Trustee is different than buying a state
law claim then trying to bring it as an AP.
Sincerely,
*Michael Avanesian, Esq. *
Simon Resnik Hayes, LLP
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On Fri, 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
>
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There is definitely a stern problem which may be overcome if the defendant does not play his/her cards correctly but there are other issues here. Without seeing the actual thing that was bought it is hard to say what it is that was bought.The right to sue as if you are the Trustee is different than buying a state law claim then trying to bring it as an AP.
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