Central District Consumer Bankruptcy Attorney's Association

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Thanks David and Keith. I finally got where the T/ee was coming from.
He makes his motion, gets the court order. Keeps the case open to
keep the 1 year statute alive. Turns the order over to the US
Marshalls to collect and if they cant after a reasonable time, brings
his action for revocation of discharge. But I dont believe its an
instant processmore slow motion with months for the Debtor to comply.
Gerald McNally
McNally & Associates, P.C.
206 N. Jackson St. #100
Glendale, CA 91206
818.507.5100

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You may want to bring this matter to the attn of the US Trustee's office.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
Keith Alan Higginbotham
Sent: Tuesday, April 14, 2009 8:39 AM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Ch7 Trustee Draws the Line
HMM, the answer is for the debtor to find the money somehow. it's not a lot
of money in the big picture. I also question what the grounds are to revoke
the discharge, as the lack of payment under the stip is separate & apart
from the grounds set forth in Section 727. Seems as it the trustee is using
strong arm tactics, extortion, to force the debtor to comply
Also, the deadline for the trustee to seek t revoke a discharge may likely
have passed. I believe it is 1 year from the date of discharge.
Keith Alan Higginbotham
THE LAW OFFICES OF KEITH ALAN HIGGINBOTHAM
255 S. Grand Avenue, Suite #2109
Los Angeles, CA 90012-3045
213.620.0176 (Office)
213.613.1200 (Fax)
Higginbothamlaw@aol.com
To: cdcbaa@yahoogroups.com
Sent: Mon, 13 Apr 2009 1:31 pm
Subject: [cdcbaa] Ch7 Trustee Draws the Line
Does anyone have experience with this situation:
Ch7 case filed (RS) May 2006
Ch7 debtor has too much value in his company, has to buy it back from
Trustee, for $6k
He only pays about $2500, still owes T/ee $3500
T/ee files a motion for a judgment, wont take payments.
Instead, T/ee calls me, says if not paid by 4/20 (hearing date), not only
will he get a judgment (and turn it over to U.S. Marshalls for collection),
but that UST will file a motion to void his Ch7 discharge.
Debtor is BROKE, but cant afford to lose his $1.2 million discharge.
How much time do I realistically have?
Will the UST actually file its motion and if so, how long will it take?
Will the UST abandon its motion if Debtor finds the cash & pays up?
Anything else I should know?
Gerald McNally
McNally & Associates, P.C.
206 N. Jackso n St. #100
Glendale, CA 91206
818.507.5100
_____
A Good Credit Score is 700 or Above.

The post was migrated from Yahoo.

HMM, the answer is for the debtor to find the money somehow. it's not a lot of money in the big picture. I also question what the grounds are to revoke the discharge, as the lack of payment under the stip is separate & apart from the grounds set forth in Section 727. Seems as it the trustee is using strong arm tactics, extortion, to force the debtor to comply
Also, the deadline for the trustee to seek t revoke a discharge may likely have passed. I believe it is 1 year from the date of discharge.
Keith Alan Higginbotham
THE LAW OFFICES OF KEITH ALAN HIGGINBOTHAM
255 S. Grand Avenue, Suite #2109
Los Angeles, CA 90012-3045
213.620.0176 (Office)
213.613.1200 (Fax)
Higginbothamlaw@aol.com
To: cdcbaa@yahoogroups.com
Sent: Mon, 13 Apr 2009 1:31 pm
Subject: [cdcbaa] Ch7 Trustee Draws the Line
Does anyone have experience with this situation:
Ch7 case filed (RS) May 2006
Ch7 debtor has too much value in his company, has to buy it back from Trustee, for $6k
He only pays about $2500, still owes T/ee $3500
T/ee files a motion for a judgment, wont take payments.
Instead, T/ee calls me, says if not paid by 4/20 (hearing date), not only will he get a judgment (and turn it over to U.S. Marshalls for collection), but that UST will file a motion to void his Ch7 discharge.
Debtor is BROKE, but cant afford t
o lose his $1.2 million discharge.
How much time do I realistically have?
Will the UST actually file its motion and if so, how long will it take?
Will the UST abandon its motion if Debtor finds the cash & pays up?
Anything else I should know?
Gerald McNally
McNally & Associates, P.C.
206 N. Jackson St. #100
Glendale, CA 91206
818.507.5100

The post was migrated from Yahoo.

Does anyone have experience with this situation:
Ch7 case filed (RS) May 2006
Ch7 debtor has too much value in his company, has to buy it back from
Trustee, for $6k
He only pays about $2500, still owes T/ee $3500
T/ee files a motion for a judgment, won't take payments.
Instead, T/ee calls me, says if not paid by 4/20 (hearing date), not
only will he get a judgment (and turn it over to U.S. Marshalls for
collection), but that UST will file a motion to void his Ch7
discharge.
Debtor is BROKE, but can't afford to lose his $1.2 million discharge.
How much time do I realistically have?
Will the UST actually file its motion and if so, how long will it
take?
Will the UST abandon its motion if Debtor finds the cash & pays up?
Anything else I should know?
Gerald McNally
McNally & Associates, P.C.
206 N. Jackson St. #100
Glendale, CA 91206
818.507.5100
Does anyone have experience with this situation:

Ch7 case filed (RS) May 2006

Ch7 debtor has too much value in his company, has to buy it
back from Trustee, for $6k

He only pays about $2500, still owes T/ee $3500

T/ee files a motion for a judgment, won’t take
payments.

Instead, T/ee calls me, says if not paid by 4/20 (hearing
date), not only will he get a judgment (and turn it over to U.S. Marshalls for
collection), but that UST will file a motion to void his Ch7 discharge.

Debtor is BROKE, but can’t afford to lose his $1.2
million discharge.

How much time do I realistically have?

Will the UST actually file its motion and if so, how long
will it take?

Will the UST abandon its motion if Debtor finds the cash
& pays up?

Anything else I should know?

Gerald McNally
McNally & Associates, P.C.
206 N. Jackson St. #100
Glendale, CA 91206
818.507.5100


The post was migrated from Yahoo.