Archive for 'Steven Speier'

Converting from Chapter 13 to Chapter 7

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Riverside Bankruptcy Trustee Steven Speier had a case the other day that was converted from chapter 13. In the chapter 13 the debtors had automobiles that had debt against them. As the chapter 13 case paid off, the autos paid off. When the case was converted the autos were fully paid off. So when the chapter 7 trustee got the case the vehicles had equity.
The attorney handling the case saw this and did an amendment to protect what he ...

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Conversion from Chapter 13 to Chapter 7

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Riverside Chapter 7 Trustee Steve Speier’s meeting of creditors last week had several cases that were converted from chapter 13 to chapter 7. This cases are interesting because they were confirmed with the clients having the ability to make payments to the chapter 13 trustee and now the clients cannot make the payments.

From a chapter 7 trustee’s perspective, the chapter 7 trustee would want to know why the case was converted? Last week, one couple said that they converted because ...

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Bankruptcy Creditors at the 341(a)

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Last week at Riverside Chapter 7 Trustee Steve Speier’s meeting of creditors, there appeared a creditor for a case. The creditor had been to the hearing a few weeks before. At the previous hearing the debtor did not show up and the matter was continued one time. The creditor came back, but the debtor did not show up again.

Trustee Speier said that since the debtor did not appear twice, that he would ask the court to dismiss the case. The ...

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Homestead proceeds

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Last month at the OCBA’s Recent Law seminar hosted by Jay Chien from Amran Cohen’s office and Richard Marshak, the chapter 7 trustees present talked about what they would do when they sold a house and then the debtor was entitled to his homestead exemption. For example, the debtor lives in the house and is entitled to $100,000 exemption under CCP 704. The trustee sells the house for $200,000. The trustee uses the proceeds to pay debts of the bankruptcy ...

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Creditor’s Practice Pointers

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Happy Heart Day Bankruptcy Lawyers

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Today is Valentine’s Day and when I think of Valentines I think about hearts and the hearts of my fellow bankruptcy attorneys and our bankruptcy marketing efforts as I sit here in Mr. Speier’s bankruptcy hearings.

President Obama recently issued a proclamation again declaring February National heart awareness month. What does this have to do with Bankruptcy Marketing?

The President said

“Maintaining a strong heart is key to a long and healthy life. The number one killer of American men and women, cardiovascular ...

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Meeting of Creditors

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Today on Trustee Steven Speier’s meeting of creditors calendar a creditor appeared and started asking questions of the debtor. Trustee Speier had to stop the creditor after a while as the creditor started to ask questions that were not related to bankruptcy. Trustee Speier said that this was not a deposition and to ask the debtor questions related to the truth of the schedules and petitions filed and any assets that may have been or not been listed ...

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New Schedule J

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Riverside Bankruptcy Trustee Steven Speier reviews all the schedules prior to conducting his hearings. As of December 1, 2013, The Court has a new mandatory Schedule I and J. In a previous post we discussed the new Schedule I (December 4, 2013 with Trustee Bui) and today we talk about the new Schedule J.

According to the Court’s website (Eastern District of Virginia):

“Schedule J Only:

A.  New lines 1, 2, and 3 on revised Schedule J request information about the ...

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Corporate Bankruptcy

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When Trustee Steven Speier has a case in which there is a corporate debtor, Trustee Speier asks questions that he would not necessarily ask in a personal bankruptcy.

A business has a different purpose and rights and responsibiliites under the bankruptcy code. The Trustee must access the business situation and must make a different analysis than he would if a natural person files bankruptcy.

Some of the different questions he asks are:

He asks about inventory the corporation may have had ...

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UST and Attorney Fees

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Attorney Fee after filing.

 

Chapter 7 Bankruptcy Trustee Steven Speier had a case the other day which the Assistant United States Trustee appeared for a case with an attorney. Usually the Assistant UST appears on cases for pro se debtors. The Assistant UST asks questions about the bankruptcy petition preparers and the amount of fee charged to these debtors.

The other day though, the Assistant UST asked the debtor how much his attorney charged him. The attorney was sitting right ...

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