----- Original Message -----
To:
cdcbaa@yahoogroups.com
Sent: Tuesday, December 14, 2004 4:58 PM
Subject: [cdcbaa] Re: payday loans/closing bank account
--- In
cdcbaa@yahoogroups.com, "Mark J. Markus" wrote:
>
Criminal law requires intent to commit a crime, a mens rea. If your
client got the loan, filed bk the next day and closed the account,
could be some criminal laibility. Remember, here in LA LA land, the
good guys are out chasing drug runners, gang bangers, murderers, not
usually paychecks borrower types. In small rural communities, where
the paychecks lender makes big contributions to the local sheriff's
re-election campaign, there is some incentive to prosecute this type
of case, but here it is not likely to get anyone's attention.
btw, did a case a couple of months ago with more than five paychecks
companies on the debtors creditor list. No fallout that came back
to me.
The more interesting issue is Bernard v. Schaffer. Bernard or
Shaffer, don't remember which one, was denied a discharge under 727
for closing a bank account to keep the IRS from levying. Sounds
similar here. Remember, hinder, delay or defruad, coupled with a
727 complaint no discharge.
dennis
Good point, but if they want to file a 727 action over a $250 debt, then God bless them
***********************************************
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)
e-mail:
bklawr@bklaw.com
web:
http://www.bklaw.com/
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----- Original Message -----
From:
Dennis McGoldrick
To:
cdcbaa@yahoogroups.com
Sent: Tuesday, December 14, 2004 4:58
PM
Subject: [cdcbaa] Re: payday
loans/closing bank account
--- In
cdcbaa@yahoogroups.com, "Mark J.
Markus" <bklawr@b...> wrote:>
Criminal law requires intent to commit a crime, a mens rea.
If your client got the loan, filed bk the next day and closed the account,
could be some criminal laibility. Remember, here in LA LA land, the
good guys are out chasing drug runners, gang bangers, murderers, not usually paychecks borrower types. In small rural communities, where
the paychecks lender makes big contributions to the local sheriff's
re-election campaign, there is some incentive to prosecute this type of case, but here it is not likely to get anyone's
attention.btw, did a case a couple of months ago with more than
five paychecks companies on the debtors creditor list. No fallout
that came back to me.The more interesting issue is Bernard v. Schaffer. Bernard or Shaffer, don't remember which one, was denied a
discharge under 727 for closing a bank account to keep the IRS from
levying. Sounds similar here. Remember, hinder, delay or defruad, coupled with a 727 complaint no
discharge.dennis
Good point, but if they want to file a 727 action over a
$250 debt, then God bless them
***********************************************Mark J.
MarkusLaw Office of Mark J. Markus11684 Ventura Blvd. PMB
#403Studio City, CA 91604-2652(818)509-1173(818)509-1460
(fax)e-mail:
bklawr@bklaw.comweb:
The post was migrated from Yahoo.