Archive for 'John Pringle'

Why does Debtor Have to show Social Security proof?

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Last month I attended the California Bankruptcy Forum Conference in Santa Barbara, California that was chaired by our own Riverside Chapter 7 Trustee Howard Grobstein. I attended the Saturday afternoon program on Consumer Bankruptcy practice.

The first program of the program was on “Title 18–Criminal Investigations: The Process and How to Respond.” The panel consisted of the Hon. Judge Maureen Tighe, The Los Angeles Assistant United States Trustee Peter Anderson and Riverside Chapter 7 Trustee John Pringle.

The panel discussed what happens ...

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Tax Returns on Extension

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As we are still in tax season, here is a suggestion for your bankruptcy practice that may stop your client’s case from being continued:

An attorney asked me what does a trustee do when the Debtor has filed for an extension to file his tax return? Does the Debtor send the extension or the last filed tax return in preparation of the first meeting of creditors.

I said to the attorney to send the last filed tax return as that is what ...

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US Trustee and Audits

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Recently I attended a seminar provided by the Central District of California Bankruptcy Attorneys Association in Los Angeles, CA. The presentation was by the Local United States Trustee Peter Anderson. The United States Trustee oversees the bankruptcy trustees assigned to your bankruptcy cases. Mr. Anderson said he takes his orders from Washington, D.C. and carries out the wishes of his client the United States Trustee. Here are some of the items discussed:

The Government will soon start the “audit program” again. ...

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Five Reminders for Meeting of Creditors

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Five Meeting of Creditor Reminders

 

When your client files bankruptcy, he is directed to attend a meeting of creditors in front of a bankruptcy trustee. While this may be your hundredth or thousandth time at a 341 meeting, this is your client’s first time. Here are five reminders to help your client at the bankruptcy meeting.

 

1. Remind your client of the location and time and date of the hearing in writing.

The Bankruptcy Court sends your client a notice of the time ...

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Economic Unit on Means Test

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Economic Unit Approach to determining household size.

Today on Trustee John Pringle’s calendar, the United States Trustee’s representative appeared and asked a debtor about her household size as noted on the means test. This reminded me of the Economic Unit approach that courts sometimes take to determine how many people actually live in a house.

Chapter 13 Trustee John P. Gustafson in Ohio writes about the Economic Unit test:

“The third method that bankruptcy courts have utilized to determine the size ...

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Tax Refund to Trustee

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Riverside Bankruptcy Trustee John Pringle and the other Riverside Bankruptcy Trustees have the power to contact the IRS and ask the IRS to send a Debtor’s tax refund directly to the Chapter 7 Trustee instead of the debtor. This is a unique power given to bankruptcy Trustees, so it is important to take this power into account.

As we head into the New Year, be sure to ask your clients about potential Tax refunds they will be getting in ...

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Collateral Estoppel

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As we discussed in the last blog post for Trustee John Pringle on November 6, 2013, Trustee Pringle asks each of the debtors “Do you have any claims pending against anyone including a claim for personal injury?”. It is important that your client list all potential claims in the bankruptcy or the Trustee may assert an interest the proceeds.

Another problem occurs when a client does not list the claim. or lawsuit or potential lawsuit. When the defendant in ...

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Motion to Convert to Chapter 13, Part II

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On November 8, 2013, We talked about Chapter 7 Trustee Karl Anderson trying to prevent a Debtor from leaving Chapter 7 and fleeing to Chapter 13 to avoid turning over an un-exempt Tax Refund. Chapter 7 Trustees like Mr. Anderson and John Pringle must deal with this all the time.

In the case from November 8, 2013’s blog post,

Debtor, in response, argues that:

He is eligible for chapter 13 relief because his secured debts do not exceed $211,250 and any ...

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Failing to List Claims

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In our last post with Chapter 7 Riverside Trustee John Pringle of October 21, 2013, we discussed that Mr. Pringle asks each debtor: “Do you have any claims pending against anyone including a claim for personal injury?” This is a standard question he asks, but it is also a question that other Chapter 7 trustees will ask as well.

What if the claim is not listed in the bankruptcy petition or if the bankruptcy case is discharged and the ...

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Claims Debtors Might Have

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Chapter 7 Riverside Trustee John Pringle asks each debtor the following question before he terminates the examination: “Do you have any claims pending against anyone including a claim for personal injury?”

This question is asked so the trustee can find out if the debtor is planning to sue anyone. If the client says yes, then the trustee will ask for more information. If the client says “no” then his answer is on the record. If it turns out that ...

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