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*****SPAM***** Trustee Using Costs of Sale in Preference =

Posted: Sun Mar 15, 2009 12:01 pm
by Yahoo Bot

Doesn't make sense as 2nd TD holder is not in same class as other unsecured creditors. Therefore the payments have not diminished the estate.
Sent via BlackBerry by AT&T
Date: Sun, 15 Mar 2009 16:27:29
To:
Subject: *****SPAM***** [cdcbaa] Trustee Using Costs of Sale in Preference Complaint Analysis
Just received a Complaint in a Chapter 7 case wherein the trustee is suing the 2nd deed of trust holder, claiming that pre-petition payments to it were preferential. The only way he is able to make his numbers work for the preference allegations is to take out 8% [in this instance $58,000] as costs of sale. Unless I have been asleep, I do not recall anything anywhere that allows for this. Please correct me if I am wrong.

The post was migrated from Yahoo.