Central District Consumer Bankruptcy Attorney's Association

charset="windows-1251"
Also look at 522(h).
Wesley H. Avery, Esq.
Roquemore, Pringle & Moore, Inc.
6055 E. Washington Blvd., Ste. 500
Los Angeles, CA 90040-2466
wavery@rpmlaw.com
http://www.rpmlaw.com
(323) 724-3117 (office)
(323) 724-5410 (fax)
(323) 919-9336 (blackberry)
The Bankruptcy Law Center
28005 Smyth Drive, Ste. 125
Valencia, CA 91355-4023
wavery@thebankruptcylawcenter.com
http://www.thebankruptcylawcenter.com
(661) 295-4673 (office)
(661) 430-5467 (fax)
(661) 618-7376 (cell)
Certified Specialist
Bankruptcy Law
State Bar of California
Board Certified
Business Bankruptcy Law
American Board of Certification
CONFIDENTIALITY NOTICE: The information contained in this e-mail transmission is intended only for use of the individual or entity named above. This e-mail transmission , and any documents, files, previous e-mail transmissions or other information attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient of this e-mail transmission, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, dissemination, copying, or other use of this transmission or any of the information contained in or attached to it is strictly prohibited. If you have received this e-mail transmission in error, please immediately notify us by return e-mail transmission or by telephone at (661) 618-7376, and destroy the original e-mail transmission and its attachments without reading it or saving it in any manner. Thank you.
________________________________

The post was migrated from Yahoo.

My brother David sent you to only one of the twocodes you need to read, read 522g1

The post was migrated from Yahoo.

charset="windows-1251"
Please read Section 547 and consider each of the elements of the cause of
action. If you still have any questions, please post again.
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.
Alik Segal
Sent: Thursday, August 05, 2010 2:15 PM
To: CDCBAA Listserv
Subject: [cdcbaa] Debtor recovering a preference in c7
Listmates,
Debtor's relatives paid 25k of debtor's substantial credit card debt a
month ago. Now, a month later debtor wants to throw in the towel and
file c7.
Is there any reason why debtor's atty can't bring a preference action
and then exempt a portion of the returned funds?
Does it make any difference that debtor's relatives made a payment
directly to debtor's credit card.
Thank you,
Alik Segal
Alik.Segal@gmail.com
310-362-6157
Cal. CD, Los Angeles
Alik Segal
Alik.Segal@gmail.com
310-362-6157
Cal. CD, Los Angeles
Alik Segal
Alik.Segal@gmail.com
310-362-6157
Cal. CD, Los Angeles
charset="windows-1251"
Message
Please read Section 547 and
consider each of the elements of the cause of action. If you still have
any questions, please post again.


David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.

charset="ISO-8859-1"
After reading Eric Mitnicks answer, I realize hes right its not a
preference if it doesnt come from the debtor.
On 8/5/10 2:23 PM, "John Faucher" wrote:
>
>
>
>
>
> Debtors attorney cant bring the preference action, because the payment
> belongs to the estate, not to the debtor. The trustee can bring a preference
> action (and probably should here), but the recovery will go to the estate and
> its creditors rather than the debtor.
>
> - John D. Faucher
>
>
> On 8/5/10 2:15 PM, "Alik Segal" wrote:
>
>>
>>
>>
>>
>>
>> Listmates,
>>
>> Debtor's relatives paid 25k of debtor's substantial credit card debt a
>> month ago. Now, a month later debtor wants to throw in the towel and
>> file c7.
>>
>> Is there any reason why debtor's atty can't bring a preference action
>> and then exempt a portion of the returned funds?
>>
>> Does it make any difference that debtor's relatives made a payment
>> directly to debtor's credit card.
>>
>> Thank you,
>
>>>> - John D. Faucher
>
>
>
>
>
>
>
>
>>>> - John D. Faucher
>
>
>
>
charset="ISO-8859-1"
Re: [cdcbaa] Debtor recovering a preference in c7
After reading Eric M
The post was migrated from Yahoo.

charset="ISO-8859-1"
Debtors attorney cant bring the preference action, because the payment
belongs to the estate, not to the debtor. The trustee can bring a
preference action (and probably should here), but the recovery will go to
the estate and its creditors rather than the debtor.
- John D. Faucher
On 8/5/10 2:15 PM, "Alik Segal" wrote:
>
>
>
>
>
> Listmates,
>
> Debtor's relatives paid 25k of debtor's substantial credit card debt a
> month ago. Now, a month later debtor wants to throw in the towel and
> file c7.
>
> Is there any reason why debtor's atty can't bring a preference action
> and then exempt a portion of the returned funds?
>
> Does it make any difference that debtor's relatives made a payment
> directly to debtor's credit card.
>
> Thank you,
>>> - John D. Faucher
charset="ISO-8859-1"
Re: [cdcbaa] Debtor recovering a preference in c7
Debtor’s attorney can’t bring the preference action, because the payment belongs to the estate, not to the debtor. The trustee can bring a preference action (and probably should here), but the recovery will go to the estate and its creditors rather than the debtor.
- John D. Faucher
On 8/5/10 2:15 PM, "Alik Segal" <listserv.inbox@gmail.com> wrote:



Listmates,
Debtor's relatives paid 25k of debtor's substantial credit card debt a
month ago. Now, a month later debtor wants to throw in the towel and
file c7.
Is there any reason why debtor's atty can't bring a preference action
and then exempt a portion of the returned funds?
Does it make any difference that debtor's relatives made a payment
directly to debtor's credit card.
Thank you,
- John D. Faucher

The post was migrated from Yahoo.

In a message dated 8/5/2010 2:15:26 PM Pacific Daylight Time,
listserv.inbox@gmail.com writes:
Listmates,
Debtor's relatives paid 25k of debtor's substantial credit card debt a
month ago. Now, a month later debtor wants to throw in the towel and
file c7.
Is there any reason why debtor's atty can't bring a preference action
and then exempt a portion of the returned funds?
Does it make any difference that debtor's relatives made a payment
directly to debtor's credit card.
Thank you,
Alik Segal
_Alik.Segal@gmail.com_ (mailto:Alik.Segal@gmail.com)
310-362-6157
Cal. CD, Los Angeles
Alik Segal
_Alik.Segal@gmail.com_ (mailto:Alik.Segal@gmail.com)
310-362-6157
Cal. CD, Los Angeles
Alik Segal
_Alik.Segal@gmail.com_ (mailto:Alik.Segal@gmail.com)
310-362-6157
Cal. CD, Los Angeles
Debtor has no standing to bring a preference action in ch 7.
However, if someone other than debtor made the payment, then it appears the transfer was not of an interest of property of the debtor, therefore, no
preference 11 USC 547(b).
Law Office of Eric Alan Mitnick
21515 Hawthorne Boulevard, Suite 1080
Torrance, CA 90503
(310) 792-5864; 792-5866 (fax)
MitnickLaw@aol.com
Although this email and any attachments are believed to be free of any
virus or other defect that might affect any computer system into which it is
received and opened, it is the responsibility of the recipient to ensure
that it is virus free and no responsibility is accepted by the sender for any
loss or damage arising in any way from its use.
The information contained in this email message and any attached files maybe privileged, confidential and protected from disclosure. If you are notthe intended recipient, any dissemination, distribution or copying is
strictly prohibited. If you think that you have received this email message in
error, please notify the sender by reply email, and delete the email message
you received and all of the attached files.
In a message dated 8/5/2010 2:15:26 PM Pacific Daylight Time,
listserv.inbox@gmail.com writes:

Listmates,Debtor's relatives paid 25k of debtor's substantial credit card debt amonth ago. Now, a month later debtor wants to throw in
the towel andfile c7.Is there any reason why debtor's atty can't
bring a preference actionand then exempt a portion of the returned
funds?Does it make any difference that debtor's relatives made a paymentdirectly to debtor's credit card.Thank you,-- Alik Segal
The post was migrated from Yahoo.

Listmates,
Debtor's relatives paid 25k of debtor's substantial credit card debt a
month ago. Now, a month later debtor wants to throw in the towel and
file c7.
Is there any reason why debtor's atty can't bring a preference action
and then exempt a portion of the returned funds?
Does it make any difference that debtor's relatives made a payment
directly to debtor's credit card.
Thank you,
Alik Segal
Alik.Segal@gmail.com
310-362-6157
Cal. CD, Los Angeles
Alik Segal
Alik.Segal@gmail.com
310-362-6157
Cal. CD, Los Angeles
Alik Segal
Alik.Segal@gmail.com
310-362-6157
Cal. CD, Los Angeles

The post was migrated from Yahoo.