Archive for 'Karl Anderson'

Continued Meetings of Creditors in Riverside

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From time to time a meeting of creditors for bankruptcy examinations must be continued for various reason: either the debtor did not appear or the attorney did not appear or the trustee wants more information or the United States Trustee wants more time to complete it investigation.

If the Trustee continues a matter, he or she must comply with the rules in the “Chapter 7 Trustee’s Handbook” issued by the United States Trustee. The following is from the handbook:

“Any ...

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Late filed bankruptcy amendments

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As I sit in the Riverside Chapter 7 meeting of creditors room and watch the debtors go talk to chapter 7 panel trustee Karl Anderson. I see attorneys hand the trustee amendments that were done the day before the hearing. Or amendments that have not yet been filed.  These late amendments to the petition pose two problems for the trustee.

First the Trustee has not seen the amendment and has not had time to review it. If he takes the time ...

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Bankruptcy Dependents and Tax Returns

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September 24, 2014

 

Chapter 7 Riverside Bankruptcy Trustee Karl Anderson was the Trustee the other day as I sat in the meeting of creditors room. As we have discussed in previous posts. Mr. Anderson is a CPA. As an accounting professional he is adept at interpreting the clients tax returns.

AS a reminder under 11 U.S.C. 521 the client or attorney must send the Chapter 7 trustee a copy of the most recently filed tax return at least 8 days before the ...

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Husband and Wife Separate Bankruptcy Filings

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Tag team  bankruptcy filings.

Today we had the US Trustee’s representative come down and ask a debtor about her husband’s separate filing of bankruptcy. The wife filed chapter 7 bankruptcy after her husband filed bankruptcy. The code allows such filings, however it raises concerns by the Trustee and the US Trustee.

From a Trustee perspective there could be assets listed in one petition and wrongfully not listed in the other petition. In addition, there may be an inappropriate use of the exemptions, ...

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Three Things to Remember about Sending Taxes to Bankruptcy Trustees

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Riverside Bankruptcy Chapter 7 Trustee Karl Anderson and tax returns. As mentioned before, Trustee Anderson is a CPA and has an affinity for Debtors’ tax returns. As we approach tax season, it is good to remember three things about your client’s tax returns as you submit them to the trustee prior to the meeting of creditors.

1. Review the entire tax return prior to sending it to the trustee.

Your job as the debtor’s attorney is to play by the rules and ...

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Creditor Issues

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Today we continue with our discussion of the creditor’s role in the meeting of creditors. When the bankruptcy petition is filed with the Court, the Court Clerk then sends a notice to all the creditors listed in the petition.

The Notice of Commencement states to all creditors:

“A chapter 7 bankruptcy case concerning the debtor(s) listed below was filed on ….You may be a creditor of the debtor. This notice lists important deadlines. You may want to consult an attorney to protect ...

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Motion to Convert from Chapter 7 to Chapter 13

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Chapter 7 Trustee Karl Anderson  was recently involved in a Motion to Convert Case From Chapter 7 to 13, that was heard before Judge Houle.  Judge Houle wrote:

On March 25, 20xx, (“Debtor”) filed for chapter 7 relief. Karl Anderson is the duly appointed chapter 7 trustee (“Trustee”).

On August 5, 20xx, the Debtor filed his Motion to Convert Case to a case under chapter 13 under 11 U.S.C. § 706(a) (“Motion”).

On August 21, 20xx, the Trustee filed Opposition to ...

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Common Bankruptcy Mistakes

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Chapter 7 Trustee Karl Anderson is a longtime Riverside Bankruptcy Trustee. He serves the bankruptcy panel under the Guidance of the United States Trustee which is a branch of the Department of Justice. As such, Mr. Anderson and the other Chapter 7 trustees review the petitions for accuracy and clarity. Each of the cases is also audited by the US Trustee.

Sometimes the Trustee will ask the debtor and attorney to amend the petition for small mistakes that ultimately ...

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Verification of Social Security Number

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Chapter 7 Bankruptcy Trustee Karl Anderson conducts his meeting of creditors by asking the debtors to show their picture identification and proof of Social Security numbers. If the information is not provided, then the hearing will be continued to obtain the information. If the Debtor does not have his Social Security proof, the Trustee will conduct the hearing and ask the client the questions. Trustee Anderson will then continue the matter to another date. (Mr. Anderson usually does ...

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Redemption Motions

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Redemption motion

Chapter 7 Trustee Karl Anderson was the Trustee on a Recent case heard by Judge Houle concerning redemption motions on a car. Judge Houle had a nice summary on the law regarding this issue:

On May 31, 20xx, “Debtors” filed for chapter 7 relief. Karl Anderson is the duly appointed chapter 7 trustee (“Trustee”).

On July 10, 20xx, the Trustee filed his Report of No Distribution (“No Asset Report”).

On August 22, 20xx, the Debtors filed their motion for redemption ...

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