Page 1 of 1
trustee duty to inform debtor if making preference
Posted: Mon Aug 13, 2012 11:53 am
by Yahoo Bot
I will ask the debtor about the potential preference at the 341 so I can establish the requisite elements (antecedent debt etc).
The post was migrated from Yahoo.
trustee duty to inform debtor if making preference
Posted: Mon Aug 13, 2012 11:12 am
by Yahoo Bot
Larry and Jonathan have it right but in both my debtor and trustee practice I have thought a lot about what exactly are the boundaries of a Trustee's duties to the Debtor, there are cases that talk about duties to the Debtor, -- In re Kay, 223 B.R. 816 (M.D. Fla. 1998) mentions "fiduciary duty to the debtor." If anyone has a good article on that specific issue I would move to know about it -
The post was migrated from Yahoo.
trustee duty to inform debtor if making preference
Posted: Mon Aug 13, 2012 10:49 am
by Yahoo Bot
I don't advise the debtor prior to making a demand upon a creditor.
The post was migrated from Yahoo.