Consensus gathering-Living Trust a Fraudulent Transfer?
Posted: Mon Feb 14, 2005 8:29 am
You are most welcome, and I agree that as the Bankruptcy lawyer you
should go through the entire filing and look for the preparer's
mistakes. Make your amendments and file a complaint against the
preparer with the OUST. It's like filing a police report so that your
insurance company covers the loss. With Bufford, you must make sure
that all of your i's are dotted and t's crossed. Take the correct
exemption and deal with the possible objection within thirty days.
Correct all mistakes, so that you are not making any!
In your discovery against the Trustee seek all discovery done before
the filing. Set up your 9011 Motion. Serve Wes with a Notice under
Rule 9011 to Dismiss the Complaint. If he does not dismiss the
Complaint, you have met the Rule's requirements for notice. Take a
look at Rule 9011 on how to proceed properly. If you need the Answer
and Discovery that I am using in another case where I am setting up a
Rule 9011 against a Trustee, send me a separate email, and I will
gladly provide same to you.
wrote:
>
>
> Hi everyone,
>
> First, Thank you Mark Jesse and Lou Esbin. Your messages were
> extremely helpfull!! Debtor's Notice of Discharge was entered on
> 1/31/05. QUESTION: Should I amend the debtor's schedules to
> correct them? E.G., if I amend the debtor's schedule "C" to take
> the $150K exemption over the $125K listed in her schedules, will
> this allow the TE to file an objection to exemption on top of the
> adversary complaint already filed?
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