Archive for 'Helen Frazer'

Chapter 7 Trustee know their cases

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In previous posts we have talked about the Chapter 7 Trustee’s Handbook. Here is the first part of the handbook which the overview of the Chapter 7 Trustee program:

“Although this Handbook is not intended to be a complete statutory reference, the trustee’s primary statutory duties are set forth in part in section 704 of the Bankruptcy Code and are detailed more thoroughly in other parts of this Handbook. A chapter 7 trustee must be personally involved in carrying out the ...

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Bankruptcy Trustee Helen Frazer

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I noticed in my blog posts that I have not written about Trustee Helen Frazer in a while. Here I am at her hearings this morning and I will rectify this situation.

As the bankruptcy calendars have been getting shorter, Ms. Frazer now runs her calendar by herself and her assistant Mary is back at the office.  One of the features that Ms. Frazer provides is that on her written case calendar, she writes ITR next to the debtor’s name if ...

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Tax Return Time Again

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As I sit in the bankruptcy meeting of creditors, I am reminded that it is tax time again. Each debtor that approaches the trustee is asked if he or she has filed their current tax return. As the Bankruptcy Code provides, the Trustee must be given a copy of the tax return at least 7 days prior to the meeting of creditors:

Rule 4002(b)(3), which implements § 521(e)(2)(A)(i), further provides:

Tax Return. At least 7 days before the first date set for ...

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Recycled Credit Counseling Certificate

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Trustee Helen Frazer  receives the bankruptcy case after the matter is filed with the court.  In order to meet the qualifications, a debtor must take the Credit Counseling within 180 days before the case is filed.  Below is a recent Judge Houle case where the debtor tried to “recycle” a previous certificate.

On November 27, 2013, UST asserts that Debtor makes false statements in her opposition. The Debtor filed her bankruptcy case on October 17, 2013. On that same day, she ...

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Conversion II

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Following our discussion from last week, Nov. 22, 2013, Trustee was Helen Frazer and Judge Houle continued his discussion on granting a complaint for conversion for a debtor hiding a vehicle  and not returning to the creditor.

a. Embezzlement under § 523(a)(4)

Though Creditor provides in the complaint that discharge should be denied under § 523(a)(4), Creditor does not include this section in its Memorandum in support of the Motion. As such, the Court will address only the sections found both in ...

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Entry of Default/ Conversion II

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Continuing with our discussion form Nov. 20, 2013. Trustee Frazer was the Chapter 7 Trustee  and Judge Houle is discussing the Entry of Default procedures:

Discussion:
A. Entry of Default

Federal Rule of Civil Procedure 55 states that “[w]hen a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the clerk shall enter the party’s default.” Fed. ...

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Conversion of Assets

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In a recent case with Judge Houle, Debtor hid the vehicle  Ms. Frazer was trustee. Creditor sued under 523 and 727.  Creditor obtained a default  and Judge Houle talked about conversion and the entry of default procedure.  Judge Houle writes in his tentative ruling:

· On August 2, 20xx, the Request for Entry of Default was properly served on Defendant. Defendant does not have counsel in the adversary proceeding; however, the Request for Entry of Default was served on ...

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Trustee Strong Arm Power

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Chapter 7 bankruptcy Trustee Helen Frazer asks each debtor in front of her for the meeting of creditors if they have sold or transferred any property in the last five years. Each of our trustee asks the question of the debtor in a different format and with different years attahced. Ms. Frazer asks the question with the longest reach back period. This question is different than the question that is asked in the petition :”if the ...

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Verification of Social Security Number

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On the September 24, 2013 post for Chapter 7 Trustee Helen Frazer, we discussed the documentation needed to show proof of identification. The proof needed for verification of Social Security Number is described in the recent edition of the Chapter 7 Trustee’s Handbook as:

“Acceptable forms of proof of social security number include: social security card, medical insurance card, pay stub, W-2 form, IRS Form 1099, and Social Security Administration (SSA) Statement. When debtors state that they are not eligible for ...

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Verifying Social Security Number

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One of the duties of the Chapter 7 Trustee like Riverside Bankruptcy Trustee Helen Frazer is to verify that the Social Security number of the debtor is the one issued to the client by the Social Security Administration. This requirement is found in the Chapter 7 Trustee’s handbook from October 2012 at page 3-5:

5) VERIFICATION OF DEBTOR IDENTITY AND SOCIAL SECURITY NUMBER

At the meeting of creditors, each individual debtor must present original government- issued photo identification ...

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