Mwangi vs. Wells Fargo and what constitutes violation of the Stay
Posted: Wed Nov 03, 2010 2:08 pm
Yes, I would. I was merely inquiring whether Mwangi was dispositive on the issue of whether the debtor could demand turnover of the funds. It was unclear from my reading of the case.
Sent from my iPhone
On Nov 3, 2010, at 12:42 PM, "David A. Tilem" wrote:
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> His position is reasonable and understandable. Wouldn't you do the same thing if you had 2 potential claimants to funds in your possession and the issue turned on an unfamiliar area of the law? Tell him to interplead the funds. If he does not do it, then you have a different story.
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> 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.
> Business bankruptcy specialist cert. by Amer. Bd. of Certification
>
>
> -----Original Message-----
Mark J. Markus
> Sent: Wednesday, November 03, 2010 9:58 AM
> To: cdcbaa@yahoogroups.com
> Subject: [cdcbaa] Mwangi vs. Wells Fargo and what constitutes violation of the Stay
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> I'm trying to see how much teeth the Mwangi case has, both in terms of future Wells Fargo violations, and in other cases.
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> I have a Chapter 7 case right now where an attorney is holding settlement proceeds (which are fully exempted in Schedules "B" and "C") owed to the debtor, stating that he is awaiting instructions from the Chapter 7 Trustee as to what to do with the funds. I'm about to make a demand for turnover.
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> After reading the Mwangi case I got a bit confused. It correctly states that the asset does not revest in the debtor until 31 days after the conclusion of the meeting of creditors, if no objection is filed. However, it also seems to state that a debtor can demand turnover of said assets prior to that.
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> I know if I make demand on this attorney he's just going to say that he needs to wait until either the Trustee instructs him to do something, or until after the 30 day period for objections on the exemptions has expired.
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> Can I use Mwangi to tell him he's violating the automatic stay prior to expiration of the 30-day period?
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> Mark J. Markus
> Law Office of Mark J. Markus
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Yes, I would. I was merely inquiring whether Mwangi was dispositive on the issue of whether the debtor could demand turnover of the funds. It was unclear from my reading of the case.Sent from my iPhoneOn Nov 3, 2010, at 12:42 PM, "David A. Tilem" <DavidTilem@TilemLaw.com> wrote:
His position is reasonable
and understandable. Wouldn't you do the same thing if you had 2 potential
claimants to funds in your possession and the issue turned on an unfamiliar area
of the law? Tell him to interplead the funds. If he does not do it, then
you have a different story.
David A.
Tilem
Certified Bankruptcy
Specialist*†
Law Offices
of David A. Tilem (a debt relief agency)
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