Mwangi vs. Wells Fargo and what constitutes violation of
Posted: Wed Nov 03, 2010 12:42 pm
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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.
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.
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
I'm trying to see how much teeth the Mwangi case has, both in terms of
future Wells Fargo violations, and in other cases.
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.
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.
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.
Can I use Mwangi to tell him he's violating the automatic stay prior to
expiration of the 30-day period?
*************************
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency (see what this means at
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