Archive for 'Lynda Bui'

same day payday loans Bankruptcy Partial Tax Refund

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As we approach the end of the year, keep in mind that tax season is around the corner. We are now in November and now chapter 7 trustees are starting to make claims on tax refunds that will not be due until the first of the year. So as you build your cases, keep in mind your client’s potential 2014 tax refund. payday loans online same day

Here is an example:

Last week I was in ...

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Chapter 7 Trustee Lynda Bui Hearings

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Here are some tips for Chapter 7 Trustee Lynda Bui’s meetings of creditors. These are ideas that will assist you and your clients.

Riverside Chapter 7 Trustee Lynda Bui has a unique way to deal with continuances on her meeting of creditors calendar. If the 341(a) meeting is not concluded, then she will continue the matter to another day. The unique feature is that she asks counsel if he or she will waive notice of the continued hearing. If the counsel ...

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Missing Attorney at the 341

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Recently at one of the Riverisde Division Trustee Lynda Bui’s meetings of creditors Ms. Bui, she called a debtors name and the couple went up to the front of the room. The couple told the trustee that their attorney was not there and they would like to wait for her. The Trustee put the matter on second call.

About 45 minutes later, Trustee Bui called the matter again and the clients said the attorney had not showed up. Trustee ...

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11 U.S.C. Section 329 Debtor’s Transactions with Attorneys

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Trustee Lynda Bui’s duties include reviewing bankruptcy petitions in Chapter 7 to see if the debtor received sufficient value for the fee paid to an attorney. Recently I saw a case where the debtor paid over $1500 to an attorney and several parts of the petition had to be amended. The entire matter was then continued in order to clean up the paperwork.

As the trustee was concluding the hearing he also said that the matter was being referred ...

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Trustee Bui and Short Sales

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One of the the differences between Trustee Bui and the other Chapter 7 Bankruptcy trustees in Riverside is that she conducts short sales for the benefit of the bankruptcy estate. A few months ago, she had one in front of Judge Houle and it is interesting to see the way in works as noted in his tentative ruling:

On March 24, 20xx, (“Debtors”) filed for chapter 11 relief. On August 7, 20xx the case was converted to a chapter 7. Continue Reading →

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New Schedule I

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Chapter 7 Trustee Lynda Bui in Riverside is tasked with reviewing the petition, schedules and bankruptcy document. Trustee Bui and all the Chapter 7 Trustees pay particular attend to Schedules I & J. Schedule I shows the debtor’s income and Schedule J shows the debtors expenses.

As of December 1, 2013, the Court has new mandatory form Schedules I and New Schedule J.

The new Schedule I is known as “Official Form B 6I” and can be found on the courts website.

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Revocation of Discharge

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In yesterday’s Blog post we talked about the Debtor having a claim or lawsuit that he does not tell the trustee about. Below is a case in which Trustee Lynda Bui where the Trustee encountered that situation.

The “Debtor” filed a voluntary Chapter 7 petition on January 5, 20xx. Lynda T. Bui (“Trustee”) was appointed interim Chapter 7 trustee in the case.

On August 19, 20xx the Trustee concluded a 341(a) meeting of creditors. Six days later Debtor filed a ...

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Trustee Lynda Bui Rules

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Chapter 7 Riverside Bankruptcy Trustee Lynda Bui has a salmon colored sheet that she asks all debtors to fill out before she conducts her meeting of creditors. In addition, she requires each client to read the U.S. Department of Justice’s information sheet. As of the Fall of 2013, the Riverside Division of the United States Trustee’s office prints this information sheet in white on a legal size piece of paper. The information sheet for the spanish speakers is ...

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Electronic Signature Page Part Two

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As mentioned in the Post of October 9, 2013, the Court and the US Trutsee  and the regular Trustees like Chapter 7 Trustee Lynda Bui, that seriously the misuse of the electronic signature page.

In a recent action,The UST requests the Court, pursuant to § 329, disgorge all fees paid to Attorney because his services were of limited or no value to the Debtor. Motion 6:6-10.

On August 20, 20xx, Attorney filed another Electronic Filing Declaration signed by the Debtor ...

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Spendthrift Trust and Bankruptcy Trustees

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Chapter 7 Bankruptcy Trustee Lynda Bui recently had a case in front of Judge Houle, as noted in previous posts. In this post, Judge Houle discusses “spendthrift clauses” and the trustee’s rights:

California Law

Section 15306.5 of the California Probate Code provides that, notwithstanding a spendthrift clause, a creditor may obtain an “order directing the trustee to satisfy all or part of the judgment out of the payment to which the beneficiary is entitled under the trust instrument,” ...

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