Central District Consumer Bankruptcy Attorney's Association

Posted: **Thu Sep 21, 2017 1:38 pm**

Sure the gross proceeds are included on paragraph 6. The purchase price
and costs of sale, etc are the operating expenses.
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)
In a message dated 9/21/2017 11:07:14 A.M. Pacific Daylight Time,
cdcbaa@yahoogroups.com writes:
Thank you for all of your responses so far. John's recent post brings up a good point--would the sale proceeds be included in the Means Test? It does fall within the preceding 6 months
Sure the gross proceeds are included on paragraph 6. The purchase
price and costs of sale, etc are the operating expenses.

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)

In a message dated 9/21/2017 11:07:14 A.M. Pacific Daylight Time,
cdcbaa@yahoogroups.com writes:

Thank you for all of your responses so far. John's recent post brings up a
good point--would the sale proceeds be included in the Means Test? It does
fall within the preceding 6 months

The post was migrated from Yahoo.

Posted: **Mon Sep 18, 2017 12:17 pm**

Do you really care if the payment is a preference? That's between the judgment creditor and the trustee. Your client is out the $98,000 one way or the other, and will be discharged from the malpractice judgment. Unless I'm missing something here, I don't see a reason to delay; filing now doesn't hurt your client, unless the $98,000 cashout keeps her from meeting the means test. - John D. Faucher
On Monday, September 18, 2017 12:03 PM, "andyn013@yahoo.com [cdcbaa]" wrote:
PC made the payment in August 2017, and has NOT filed for BK yet. There was no judgment lien on the house.
Should I just wait until the end of the year or early 2018 to file the case
The post was migrated from Yahoo.

Posted: **Mon Sep 18, 2017 11:55 am**

Reply-To: andyn013@yahoo.com
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The post was migrated from Yahoo.

Posted: **Mon Sep 18, 2017 11:51 am**

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Preference. Wait another month.
-----OrigPS.COM>Sent: Sep 18, 2017 8:42 AM To: cdcbaa@yahoogroups.com Subject: [cdcbaa] PC sold a house
PC sold a house about 2 months ago and received $98,000. She used the proceeds to pay off half of a judgment against her. She was sued for malpractice. Would this payment complicate her BK filing? Is this payment acceptable?
Andy Nguyen
(909) 285-9333

The post was migrated from Yahoo.