Central District Consumer Bankruptcy Attorney's Association

Ty,
There's no reason to leave the Trustee nameless. Let us know, as
that is part of the purpose of this group.
Your first call should be to the OUST attorney in charge of this
particular Trustee. Should be done after the first 341(a) meeting,
not the 5th continuance. No reason to waste your time with this,
at least not on the first fact pattern you provided.
As to the second one, these are my quick thoughts: Tell the Trustee
no thanks. If he or she wants to try to sell the RAV4, they will
have to give notice and the debtors can buy it at the auction or
overbid in the court sale. I am sure it won't be substantially more
than the $7k they're bargaining for now, and will probably be less.
In fact, I doubt the Trustee will even try to sell it. Wait a
while and file a Motion to Compel Abandonment (or file one now and
let the Trustee oppose).
*************************
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency (see what this
means at

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Hi Jim,
Te takes no interest in the assets--Te wants attorneys fees for doing the investigation.
Sincerely,
Tyson M. Takeuchi, Esq.
Tyson M. Takeuchi
Certified
Bankruptcy Specialist*^
Law Offices of Tyson M. Takeuchi
1100
Wilshire Blvd., Ste. 2606
Los Angeles, CA 90017
tel: (213)
637-1866
fax: (866) 481-3236
*By State Bar of California Board of
Legal Specialization
^Consumer Bankruptcy Specialist Certified by
American Board of Certification
To: cdcbaa@yahoogroups.com
Date: Wed, 9 May 2012 20:42:37 +0000
Subject: RE: [cdcbaa] "Shakedown" By Chapter 7 Trustee???
Deliver the keys and get a receipt along with a stipulation on abandonment of the remaining assets of the debtor.

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Deliver the keys and get a receipt along with a stipulation on abandonment of the remaining assets of the debtor.

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Hi Everyone,
I have a case were debtor's dad transferred a paid off home and $83k cash to the debtor one month after the filing of his (debtors) Chapter 7 case.
I provided NAMELESS Te with all docs, and Te agreed that he had no interest in the property transferred to the debtor postpetition.
Now here's the catch: the Te demanded that the debtor pay his attorney's fees for investigating this situation. 4 continued 341(a), all with the same results, i.e., TE asking "if I figured a way to get him paid for his reasonable attorney's fees".
I went to the 5th continued 341(a) and told the Te that I couldn't figure a way to get him his fees but would ask the UST's office how to do so--seems to have scared the heck out of him--meeting concluded.
I made an appearance on another case with same Te. Debtors have 3 non-exempt assets in the estate: 1986 Toyota pickup (hunk of junk), 1991 motorhome (hunk of junk) and "clean" 2006 Toyota RAV4. Te agrees with the debtors that a fair buyback $$$ amount is $7k for the RAV4, but insist that the debtor MUST ALSO BUY BACK THE 2 JUNKY VEHICLES IN AN ALL OR NOTHING DEAL--$21K.
Debtors are freaking out because they can afford to buy the RAV4 back for $7k but absolutely cannot afford $21k for the bundle.
Any thoughts???
P.S.,
UST is already an option in this case also!!!
Sincerely,
Tyson M. Takeuchi, Esq.
Tyson M. Takeuchi
Certified
Bankruptcy Specialist*^
Law Offices of Tyson M. Takeuchi
1100
Wilshire Blvd., Ste. 2606
Los Angeles, CA 90017
tel: (213)
637-1866
fax: (866) 481-3236
*By State Bar of California Board of
Legal Specialization
^Consumer Bankruptcy Specialist Certified by
American Board of Certification

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