Archive for 'Charles Daff'

Real Property Prices are Increasing: Bankruptcy Attorney Beware

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Today at the Riverside Meeting of creditors, I spoke to Chapter 7 Trustee Charles Daff. Mr. Daff was a longtime bankruptcy trustee in Orange County, California and now is assigned to the Riverside Division of the Central District of California. Though he conducts hearings in the Inland Empire, Mr. Daff has an office in Tustin, California which is in the heart of Orange County, California.

Mr. Daff is also a real estate broker, he is the “bankruptcy broker” and has his ...

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In re Bellingham seminar: Part two

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Previously on July 21, 2014, I posted on the July 19 seminar called In Re Bellingham: The Insiders view.  Here are the rest of my observations:

Professor Pottow explained the workings  of the Appellate process at the Supreme Court.  What was what interesting to me was that Professor Pottow was that he had never argued a case. In order to practice for the argument, he went to various moot courts across the country in the space of a week. He practiced ...

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Attorney’s Fees Discharged under 727

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Chapter 7 Riverside Trustee Charles Daff and the other Riverside Trustees as the debtors about the attorneys fees that are charged or are not charged. Recently the US Trustee has been asking debtors about attorney’s fees that are due after the case is filed. These fees are discharged and the attorney cannot collect on them. The case that this comes from is In re Hessinger & Associates, 192 BR 211 – Dist. Court, ND California 1996.

“Appellant has also asked ...

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Motion to Sell Real Property: Part 2

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On Dec 20, 2013 was first post on Chapter 7 Trustee Charles Daff  selling real  property  in a bankruptcy case.

Judge Houle ultimately granted the trsutee’s Motion to Sell  and went on to talk about the factors involved in such a sale:

“a) Sale Made in Good Faith

The proposed sale has been brought in good faith and has been negotiated on an “arms- length” basis. The court, in Wilde Horse Enterprises, set forth the factors in considering whether a transaction is in ...

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Motion to Sell under Section 363(b)

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One of the duties of a chapter 7 Trustee is to sell real property that is not exempt.  Below is Chapter 7 Bankruptcy Trustee Charles Daff recent case  which was heard in front of Judge Houle.  This opinion gives a nice summary of the procedure  under Section 363(b).

 

On September 18, 20xx (“Petition Date”), (“Debtor”) filed her petition for chapter 7 relief. Charles Daff is the duly appointed chapter 7 trustee (“Trustee”).

A primary asset of the Debtor’s estate is ...

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Omissions and False Statements

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 Chapter 7 Trustee Charles Daff advises each debtor that comes before him, that the debtor must tell the truth both in testimony and the petition submitted to the Court. From time to time, Trustee Daff will come across a case in which the debtor does not include all the information necessary to complete his investigation. Trustee Daff  mentions the  following case:

In re Khalil, 379 BR 163, 177 – Bankr. Appellate Panel, 9th Circuit 2007

“Debtor’s discharge cannot be denied ...

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Motion for Turnover

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Chapter 7 Bankruptcy Trustee Charles Daff”s job as a Chapter 7 Trustee is to verify the petition as filed by the debtor and the debtor’s attorney. In most cases the information is true and correct and the trustee files his “no asset” report. The debtor then receives his discharge approximately ninety days after the first meeting of creditors. However in some cases, the paperwork is not true or not correct and the Trustee must investigate on behalf of ...

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11 U.S.C. 727(a)(3) and (a)(5) request for information

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Request for Books and Records and Explain what happened to the money received from the extension of credit.

Recently there was a case in front of Riverside Chapter 7 Trustee Charles Daff in which the debtor had incurred more than $300,000 in credit card debt. When asked by the Chapter 7 Trustee “what the Debtor did with the $300,000?” The Debtor could not answer with a specific answer. Mr. Daff spent several minutes asking questions of the ...

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Bankruptcy Debtor’s Duites

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A few years ago I did a seminar with Riverside Chapter 7 Bankruptcy Trustee Charles Daff and he gave out the following information on “ Bankruptcy Intake Questions and Preparing Your Clients for Chapter 7 Meeting of Creditors”. I write this post to relay the information Trustee Daff gave as it provides a good frame work to learn from in preparing your clients for Mr. Daff and the other Chapter 7 Trustees.

Bankruptcy Code Sections 526, 527 ...

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Loan Modifications and Bankruptcy Trustees

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Chapter 7 Riverside Trustee Charles Daff

Each Chapter 7 Trustee is charged with asking your clients various questions to determine the validity of the paperwork presented and to determine the clients financial picture. The questions from trustee to trustee are relatively the same, however some trustees have special questions that they asked. These special questions are developed from their experience as being a trustee and from the different cases that they have administered in the past. From time to ...

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