Central District Consumer Bankruptcy Attorney's Association

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I recently got a Weinstein & Riley letter too. Client had received a
filled-out check on their Chase credit card account for $8,500; they cashed
it, and filed bk at least 120 days later. I wrote back explaining that the
client had done nothing beyond opening their mailbox to get the money, and
that they had $10,000 in medical expenses every six months. Youve got the
burden of proof, I wrote, and if you examine the debtor, youll find yougoing to lose because these are careful, honest people who have suffered
setbacks. I closed by saying that I had advised my client to fight any 523
action vigorously. Sent it three weeks ago, and havent heard anything yet.
Ill keep you all posted.
>
>>>> John D. Faucher
>>>> Hurlbett & Faucher
>>>> 5743 Corsa Ave., Suite 116
>>>> Westlake Village, CA 91362
>>>> (818) 889-8080
>>>> Fax: (805) 367-4154
>>>> http://www.hurlbettfaucher.com/
>>>>
>>>> 3324 State Street, Suite O
>>>> Santa Barbara, CA 93105
>>>> (805) 963-9111
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On 2/1/10 6:37 PM, "R Grace Rodriguez" wrote:
>
>
>
>
>
> My sense and I could be wrong this is the functional equivalent of a Trevor
> Law Group shake down. The figure debtor has not paid you to represent them in
> this sort of action. Rather than come up with more money to defend it, they
> hope debtors are going to come up with some money to pay.
>
> I've had only one experience like that. Debtors used a credit card while in
> Las Vegas 4 months before filing the bankruptcy. Since they were outside the
> 90 day window, and since there was no evidence money was used for gambling
> debt, but rather on car repairs while in Las Vegas on a trip, I wrote back and
> apologized profusely to them stating that these debtors do not have cash set
> aside to pay them. I told them to look at schedule B which clearly shows they
> don't have the cash they were asking for and the cost of filing a lawsuit
> against them and proving a bad faith case against them and losing would hurt
> them a lot more than if they walked away from the debt.
>
> Fortunately they didn't respond any further and the debtor's got their
> discharge.
>
> This is only one experience I had. So I don't know if anyone else feels like
> some of these credit card people are trying to squeeze blood out of a turnip.
> But it really feels like its strong-arm tactics.
>
> Would appreciate anyone else's thoughts on this.
>
> Thanks
> R. Grace Rodriguez
>
> On Sun, Jan 31, 2010 at 12:51 PM, Stephen wrote:
>>
>>
>>
>>
>>
>> Client filed a Chapter 7 on Dec. 30. Just received a letter from Weinstein &
>> Riley regarding alleged credit card charges for retail goods/services of
>> approximately $8400 between July 20 and August 30, 2009. They demand detailed
>> background about Client's reason for filing Chapter 7 petition, or threaten
>> 2004 exam and pursuit of 523 action, or a stipulation for $8400 or cash
>> settlement of $6500.
>>
>> Has anybody had experience with this firm?
>>
>> Thanks,
>>
>> Stephen Stern, Esq.
>>
>>
>>
>>
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Re: [cdcbaa] Weinstein & Riley Letter
I recently got a Weinstein & Riley letter too. Client had received a filled-out check on their Chase credit card account for $8,500; they cashed it, and filed bk at least 120 days later. I wrote back explaining that the client had done nothing beyond opening their mailbox to get the money, and that they had $10,000 in medical expenses every six months. You’ve got the burden of proof, I wrote, and if you examine the debtor, you’ll find you’re going to lose because these are careful, honest people who have suffered setbacks. I closed by saying that I had advised my client to fight any 523 action vigorously. Sent it three weeks ago, and h
The post was migrated from Yahoo.

My advice is to send a strong letter to W&R disputing the nondischargeability allegations, noting that the changes are outside the presumption period and describing what circumstances changed between the charges and the filing. In my experience they will back off if they know the Debtor has an attorney who will defend an adversary case.
Stephen wrote:
Client filed a Chapter 7 on Dec. 30. Just received a letter from Weinstein & Riley regarding alleged credit card charges for retail goods/services of approximately $8400 between July 20 and August 30, 2009. They demand detailed background about Client's reason for filing Chapter 7 petition, or threaten 2004 exam and pursuit of 523 action, or a stipulation for $8400 or cash settlement of $6500.
Has anybody had experience with this firm?
Thanks,
Stephen Stern, Esq.
My advice is to send a strong letter to W&R disputing the nondischargeability allegations, noting that the changes are outside the presumption period and describing what circumstances changed between the charges and the filing. In my experience they will back off if they know the Debtor has an attorney who will defend an adversary case.
Stephen <legalsos4u@yahoo.com> wrote:

Client filed a Chapter 7 on Dec. 30. Just received a letter from Weinstein & Riley regarding alleged credit card charges for retail goods/services of approximately $8400 between July 20 and August 30, 2009. They demand detailed background about Client's
reason for filing Chapter 7 petition, or threaten 2004 exam and pursuit of 523 action, or a stipulation for $8400 or cash settlement of $6500.
Has anybody had experience with this firm?
Thanks,
Stephen Stern, Esq.

The post was migrated from Yahoo.

My sense and I could be wrong this is the functional equivalent of a Trevor
Law Group shake down. The figure debtor has not paid you to represent them
in this sort of action. Rather than come up with more money to defend it,
they hope debtors are going to come up with some money to pay.
I've had only one experience like that. Debtors used a credit card while in
Las Vegas 4 months before filing the bankruptcy. Since they were outside
the 90 day window, and since there was no evidence money was used for
gambling debt, but rather on car repairs while in Las Vegas on a trip, I
wrote back and apologized profusely to them stating that these debtors do
not have cash set aside to pay them. I told them to look at schedule B
which clearly shows they don't have the cash they were asking for and the
cost of filing a lawsuit against them and proving a bad faith case against
them and losing would hurt them a lot more than if they walked away from the
debt.
Fortunately they didn't respond any further and the debtor's got their
discharge.
This is only one experience I had. So I don't know if anyone else feels
like some of these credit card people are trying to squeeze blood out of a
turnip. But it really feels like its strong-arm tactics.
Would appreciate anyone else's thoughts on this.
Thanks
R. Grace Rodriguez
On Sun, Jan 31, 2010 at 12:51 PM, Stephen wrote:
>
>
> Client filed a Chapter 7 on Dec. 30. Just received a letter from Weinstein
> & Riley regarding alleged credit card charges for retail goods/services of
> approximately $8400 between July 20 and August 30, 2009. They demand
> detailed background about Client's reason for filing Chapter 7 petition, or
> threaten 2004 exam and pursuit of 523 action, or a stipulation for $8400 or
> cash settlement of $6500.
>
> Has anybody had experience with this firm?
>
> Thanks,
>
> Stephen Stern, Esq.
>
>
>
R. Grace Rodriguez, Esq.
OFF: (818) 734-7223
CEL: (323) 304-5496
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My sense and I could be wrong this is the functional equivalent of a Trevor Law Group shake down. The figure debtor has not paid you to represent them in this sort of action. Rather than come up with more money to defend it, they hope debtors are going to come up with some money to pay.
I've had only one experience like that. Debtors used a credit card while in Las Vegas 4 months before filing the bankruptcy. Since they were outside the 90 day window, and since there was no evidence money was used for gambling debt, but rather on car repairs while in Las Vegas on a trip, I wrote back and apologized profusely to them stating that these debtors do not have cash set aside to pay them. I told them to look at schedule B which clearly shows they don't have the cash they were asking for and the cost of filing a lawsuit against them and proving a bad faith case against them and losing would hurt them a lot more than if they walked away from the debt.

The post was migrated from Yahoo.

Client filed a Chapter 7 on Dec. 30. Just received a letter from Weinstein & Riley regarding alleged credit card charges for retail goods/services of approximately $8400 between July 20 and August 30, 2009. They demand detailed background about Client's reason for filing Chapter 7 petition, or threaten 2004 exam and pursuit of 523 action, or a stipulation for $8400 or cash settlement of $6500.
Has anybody had experience with this firm?
Thanks,
Stephen Stern, Esq.

The post was migrated from Yahoo.