Central District Consumer Bankruptcy Attorney's Association

Reply-To: Chris Gautschi
X-Original-Return-Path: Chris Gautschi
To: cdcbaa@yahoogroups.com
X-Yahoo-Newman-Id: groups-system
Read in re viet vu
Sent from my iPhone
> On Apr 2, 2015, at 8:08 PM, 'Patrick Green' pat@fitzgreenlaw.com [cdcbaa] wrote:
>
> Hale:
>
>
>
> Trustee only has a right to property of the estate which is determined as of the date of filing. I would need more facts to analyze what that is.
>
>
>
> If you have any questions or concerns, please contact me.
>
>
>
> Pat
>
>
>
> Patrick T. Green
>
> Attorney at Law
>
> Fitzgerald & Green, Attorneys at Law
>
> 1010 E. Union St. Suite 206
>
> Pasadena, CA 91106
>
> Tel: (626) 449-8433
>
> Fax: (626) 449-0565
>
> pat@fitzgreenlaw.com
>
>
>
>
>
oups.com [mailto:cdcbaa@yahoogroups.com]
> Sent: Thursday, April 02, 2015 4:01 PM
> To: cdcbaa@yahoogroups.com
> Subject: [cdcbaa] Post-discharge asset demand
>
>
>
>
>
> In 2013, debtor files Chapter 7 case where an interest in a trust is disclosed on Schedule B (and exempted using balance of wildcard on C). Chapter 7 trustee asks debtor at 341a how much she's received in the 20 years since trust was created ($5000), and requests copy of trust document. Nothing else unusual happens in the case. Discharge. No further communications. End of Chapter 7 and debtor moves on with her life getting a fresh start.
>
>
>
> That is, until this week, when Chapter 7 trustee contacts me out of the blue, asking how much has been received from the trust since discharge. Stunned at what seems like sandbagging, after inquiring, I reply that I just learned debtor received a chunk exceeding wildcard ($44k) late last year, closing out trust. Trustee demands money, saying bk case was never actually closed, and asset (which is of course spent and gone) is now owed to the case and her creditors.
>
>
>
> What are the debtor's options, other than signing a promissory note to the Chapter 7 trustee? This is the first time I've seen this tactic, and it stinks.
>
>
>
> Very truly yours,
>
>
>
> Hale Andrew Antico
> Attorney at law
>
> (888) 54-BK LAW * (818) 908-2018
> http://Los-Angeles-Bankruptcy.net
>
> Board of Directors, Central Dist Consumer Bankruptcy Attorneys' Assn. (CDCBAA)
>
> Board of Directors, Southern California Bankruptcy Inn of Court
>
> Member National Association of Consumer Bankruptcy Attorneys (NACBA)
>
>
> We are a federally designated Debt Relief Agency under the United States Bankruptcy Laws.
>
> We assist people with finding solutions to their debt problems, including, where appropriate,
>
> assisting them with the filing of petitions for relief under the United States Bankruptcy Code.
>
> Email isn't secure, so it's not confidential. By communicating with me by email, you understand that it's not confidential.
>
>
>
> This does not constitute an electronic signature.
>
>
>

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Hale:
Trustee only has a right to property of the estate which is determined as of
the date of filing. I would need more facts to analyze what that is.
If you have any questions or concerns, please contact me.
Pat
Patrick T. Green
Attorney at Law
Fitzgerald & Green, Attorneys at Law
1010 E. Union St. Suite 206
Pasadena, CA 91106
Tel: (626) 449-8433
Fax: (626) 449-0565
pat@fitzgreenlaw.com

The post was migrated from Yahoo.

This email makes me want to go check every one of my discharged cases and
make sure they were actually closed. I always assume they will close
shortly after receiving the discharge, but now I am paranoid.
Desiree Causey, Esq.
Law Office of Desiree Causey
7755 Center Avenue, Suite 1100
Huntington Beach, CA 92647
714-372-2225 (phone)
714-908-7646 (same fax number)
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Reply-To: Chris Gautschi
X-Original-Return-Path: Chris Gautschi
To: cdcbaa@yahoogroups.com
X-Yahoo-Newman-Id: groups-system
In re viet vu sucks
Sent from my iPhone
> On Apr 2, 2015, at 4:00 PM, 'Hale Andrew Antico' bk.lawyer@gmail.com [cdcbaa] wrote:
>
> In 2013, debtor files Chapter 7 case where an interest in a trust is disclosed on Schedule B (and exempted using balance of wildcard on C). Chapter 7 trustee asks debtor at 341a how much she's received in the 20 years since trust was created ($5000), and requests copy of trust document. Nothing else unusual happens in the case. Discharge. No further communications. End of Chapter 7 and debtor moves on with her life getting a fresh start.
>
> That is, until this week, when Chapter 7 trustee contacts me out of the blue, asking how much has been received from the trust since discharge. Stunned at what seems like sandbagging, after inquiring, I reply that I just learned debtor received a chunk exceeding wildcard ($44k) late last year, closing out trust. Trustee demands money, saying bk case was never actually closed, and asset (which is of course spent and gone) is now owed to the case and her creditors.
>
> What are the debtor's options, other than signing a promissory note to the Chapter 7 trustee? This is the first time I've seen this tactic, and it stinks.
>
> Very truly yours,
>
> Hale Andrew Antico
> Attorney at law
>
> (888) 54-BK LAW * (818) 908-2018
> http://Los-Angeles-Bankruptcy.net
>
> Board of Directors, Central Dist Consumer Bankruptcy Attorneys' Assn. (CDCBAA)
> Board of Directors, Southern California Bankruptcy Inn of Court
> Member National Association of Consumer Bankruptcy Attorneys (NACBA)
>
> We are a federally designated Debt Relief Agency under the United States Bankruptcy Laws.
> We assist people with finding solutions to their debt problems, including, where appropriate,
> assisting them with the filing of petitions for relief under the United States Bankruptcy Code.
>
> Email isn't secure, so it's not confidential. By communicating with me by email, you understand that it's not confidential.
>
> This does not constitute an electronic signature.
>
* (818)
908-2018
The post was migrated from Yahoo.

In 2013, debtor files Chapter 7 case where an interest in a trust is
disclosed on Schedule B (and exempted using balance of wildcard on C).
Chapter 7 trustee asks debtor at 341a how much she's received in the 20
years since trust was created ($5000), and requests copy of trust document.
Nothing else unusual happens in the case. Discharge. No further
communications. End of Chapter 7 and debtor moves on with her life getting a
fresh start.

That is, until this week, when Chapter 7 trustee contacts me out of the
blue, asking how much has been received from the trust since discharge.
Stunned at what seems like sandbagging, after inquiring, I reply that I just
learned debtor received a chunk exceeding wildcard ($44k) late last year,
closing out trust. Trustee demands money, saying bk case was never actually
closed, and asset (which is of course spent and gone) is now owed to the
case and her creditors.

What are the debtor's options, other than signing a promissory note to the
Chapter 7 trustee? This is the first time I've seen this tactic, and it
stinks.

Very truly yours,

Hale Andrew Antico
Attorney at law
(888) 54-BK LAW * (818) 908-2018

http://Los-Angeles-Bankruptcy.net
Board of Directors, Central Dist Consumer Bankruptcy Attorneys' Assn.
(CDCBAA)
Board of Directors, Southern California Bankruptcy Inn of Court
Member National Association of Consumer Bankruptcy Attorneys (NACBA)
We are a federally designated Debt Relief Agency under the United States
Bankruptcy Laws.
We assist people with finding solutions to their debt problems, including,
where appropriate,
assisting them with the filing of petitions for relief under the United
States Bankruptcy Code.
Email isn't secure, so it's not confidential. By communicating with me by
email, you understand that it's not confidential.

This does not constitute an electronic signature.
In 2013, debtor
files Chapter 7 case where an interest in a trust is disclosed on Schedule B
(and exempted using balance of wildcard on C). Chapter 7 trustee asks debtor at
341a how much she's received in the 20 years since trust was created
($5000), and requests copy of trust document. Nothing else unusual happens in
the case. Discharge. No further communications. End of Chapter 7 and debtormoves on with her life getting a fresh start.

That is, until this
week, when Chapter 7 trustee contacts me out of the blue, asking how
much has been received from the trust since discharge. Stunned at whatseems like sandbagging, after inquiring, I reply that I just learned debtorreceived a chunk exceeding wildcard ($44k) late last year, closing out trust.
Trustee demands money, saying bk case was never actually closed, and asset
(which is of course spent and gone) is now owed to the case and her
creditors.

What are the
debtor's options, other than signing a promissory note to the Chapter 7 trustee?
This is the first time I've seen this tactic, and it stinks.

Very truly
yours,

Hale
Andrew AnticoAttorney
at law (888) 54-BK LAW * (818)
908-2018
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