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[BK] If CH 7 Tee abandons preference action, can Debtor prosecute it?
I should have stated: it was a bank levy over $30K.
Holly Roark
Certified Bankruptcy Specialist*
*and Sports Lawyer*
holly@roarklawoffices.com **primary email address**
www.roarklawoffices.com
*Central District of California & District of Idaho* - Consumer Bankruptcy
Attorney
1875 Century Park East, Suite 600 Los Angeles, CA 90067
T (310) 553-2600; F (310) 553-2601
*By State Bar of California Board of Legal Specialization
On Thu, Sep 8, 2016 at 4:54 PM, Wendell Sherk wrote:
> Not if the preference was a voluntary transfer by the debtor. 522(g) and
> (h), I think.
>
> Wendell J. Sherk
> EDMO/8th Cir.
> St. Louis, MO
> (Office)wjsherk@alum.wustl.edu
> (Blog)bankruptcylawnetwork.com
> (Web)stlbankruptcy.com
>
>
> If you guess what the law says, and the guess is in your favor -- you're
> wrong. -- Sherk's Law
>
> On Thu, Sep 8, 2016 at 5:48 PM, Holly Roark
> wrote:
>
>> We have 2 months left to file a preference AP. Tee has been trying to
>> settle for almost 2 years and has decided to issue no asset report because
>> of large DSO claim which would have priority over Tee fee.
>>
>> If case closes and the preference claim is abandoned, can debtor
>> prosecute it? And does debtor have to reopen case to file AP?
>>
>> Debtor has taken a large wildcard exemption in the asset and so it's
>> worth it to him to try to get it.
>>
>>
>> Holly Roark
>> Certified Bankruptcy Specialist*
>> *and Sports Lawyer*
>> holly@roarklawoffices.com **primary email address**
>> www.roarklawoffices.com
>> *Central District of California & District of Idaho* - Consumer
>> Bankruptcy Attorney
>> 1875 Century Park East, Suite 600 Los Angeles, CA 90067
>> T (310) 553-2600; F (310) 553-2601
>>
>> *By State Bar of California Board of Legal Specialization
>>
>>
>>
>
I should have stated: it was a bank levy over $30K.Holly RoarkCertified Bankruptcy Specialist*and Sports Lawyer
holly@roarklawoffices.com**primary email address**
www.roarklawoffices.com
Central District of California & District of Idaho - Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600 Los Angeles, CA 90067T (310) 553-2600; F (310) 553-2601
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