Central District Consumer Bankruptcy Attorney's Association

Hi Sofya: This has been my approach, and I don't know if this is the best
way to handle, but this is how I have been handling. I would look at what
was bought outside the presumption period. Evaluate if the item purchased
was a need or want. Things like fixing a car while broken down in Las Vegas
(no problem as this is one i had), or did they buy a big screen TV (which is
one I had). THEN look at was there a change in economic circumstances (OMG
I bought a Big Screen TV, and then three weeks later my company fired me
unexpectedly) Or, I had a pending job offer and felt I could pay for the
new computer I bought which I was going to use in my job. The idea being
did the debtors have bankruptcy on their mind when they bought the item
outside of the presumption period? If you have facts like the ones I talked
about, the lenders usually go away nicely.
BUT if not like my guy who bought a $1,200.00 guitar four months before
filing BK, no change in financial circumstances, knew he was headed towards
bankruptcy, came up with fair market price (Seemed he way overpaid for the
guitar) and agreed to settle.
Haven't had lender fight me yet.
That's my experience Sofya:
R.Grace
On Tue, Nov 23, 2010 at 12:23 AM, sofiya wrote:
>
>
> Hello everyone:
>
> I received two letters from Weinstein and Riley on two of my pending ch 7
> cases, both of which mention transactions that occured outside of the
> presumption period. Does anyone know what is the best way to deal with this?
> Should I provide a written explanation of the facts leading to client's bk
> filing? settle?... Any advise will be greatly appreciated.
>
> Sofya D.
>
>
>
R. Grace Rodriguez, Esq.
OFF: (818) 734-7223
CEL: (323) 304-5496
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Hi Sofya: This has been my approach, and I don't know if this is the best way to handle, but this is how I have been handling. I would look at what was bought outside the presumption period. Evaluate if the item purchased was a need or want. Things like fixing a car while broken down in Las Vegas (no problem as this is one i had), or did they buy a big screen TV (which is one I had). THEN look at was there a change in economic circumstances (OMG I bought a Big Screen TV, and then three weeks later my company fired me unexpectedly) Or, I had a pending job offer and felt I could pay for the new computer I bought which I was going to use in my job.bought the item outside of the presumption period? If you have facts like the ones I talked about, the lenders usually go away nicely.
BUT if not like my guy who bought a $1,200.00 guitar four months before filing BK, no change in financial circumstances, knew he was headed towards bankruptcy, came up with fair market price (Seemed he way overpaid for the guitar) and agreed to settle.

The post was migrated from Yahoo.

Check with your client regarding what they spent that money on. If it was
for the maintenance and support of the household, OC can go pound sand.
I've had them withdrawal their complaints upon proof that my client spent a
couple thousand on car repairs.
Best to you.
Christine Wilton
On Tue, Nov 23, 2010 at 12:23 AM, sofiya wrote:
>
>
> Hello everyone:
>
> I received two letters from Weinstein and Riley on two of my pending ch 7
> cases, both of which mention transactions that occured outside of the
> presumption period. Does anyone know what is the best way to deal with this?
> Should I provide a written explanation of the facts leading to client's bk
> filing? settle?... Any advise will be greatly appreciated.
>
> Sofya D.
>
>
>
Christine A. Wilton
Principal Attorney
Greifendorff Law Offices, PC
12644-12646 Hoover Street
Garden Grove, CA 92841
Office: 800-861-0786
Cell: 562-824-7563
Fax: 800-861-0786
Email: christine@greifenlaw.com
Web: www.greifenlaw.com
Blog: www.losangelesbankruptcylawmonitor.com
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Check with your client regarding what they spent that money on. If it was for the maintenance and support of the household, OC can go pound sand. spent a couple thousand on car repairs.
Best to you.Christine WiltonOn Tue, Nov 23, 2010 at 12:23 AM, sofiya <s_dav2005@yahoo.com> wrote:
Hello everyone:
I received two letters from Weinstein and Riley on two of my pending ch 7 cases, both of which mention transactions that occured outside of the presumption period. Does anyone know what is the best way to deal with this? Should I provide a written explanation of the facts leading to client's bk filing? settle?... Any advise will be greatly appreciated.
Sofya D.
-- Christine A. WiltonPrincipal AttorneyGreifendorff Law Offices, PC12644-12646 Hoover Street
Garden Grove, CA 92841
Office: 800-861-0786Cell: 562-824-7563Fax: 800-861-0786Email: christine@greifenlaw.comWeb: www.greifenlaw.com
Blog:
The post was migrated from Yahoo.

Hello everyone:
I received two letters from Weinstein and Riley on two of my pending ch 7 cases, both of which mention transactions that occured outside of the presumption period. Does anyone know what is the best way to deal with this? Should I provide a written explanation of the facts leading to client's bk filing? settle?... Any advise will be greatly appreciated.
Sofya D.

The post was migrated from Yahoo.