Trustee Blog

Trustee Grobstein’s continued hearings

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In previous posts we talked about how Riverside Chapter 7 Bankruptcy Trustees schedule their continued cases. As the filings have gone down, the bankruptcy trustees are handling the downturn in different ways. The US Trustee has scheduled our chapter 7 trustees fewer times per month and there are no new cases scheduled for Fridays in Riverside.

Trustee Howard Grobstein now schedules his continued cases at the same time as new cases are assigned to him. For example the cases that were ...

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Trustee Frealy asks for bank statements

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This week I appeared in front of Chapter 7 Bankruptcy Trustee Todd Frealy on his calendar for meetings of creditors. Along with his typical questions, he has started asking the debtors for copies of the bank statements they have. The bank statements are to show the balance in their accounts on the day of the filing. This balance should comport with the balance listed in schedule “B” of the schedules and Schedule “C’ of the exemptions.

 

This may prove costly to ...

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CCP 704 and Tax Refunds

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The other day on Riverside Bankruptcy Trustee Howard Grobstein’s calendar there was a debtor that had a house that had some much equity that the debtor’s attorney had to use CCP704 to exempt the equity. The exemption covered the house, so the house was protected. The problem though was that the Debtor also had a 2014 tax refund that he is due.

The Debtor’s attorney tried to exempt the potential tax refund under CCP704.070.

This is that exemption:

PRE-PETITION WAGES — C.C.P. § ...

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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 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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Bankruptcy Interior Inspection of Property

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Today in Riverside Bankruptcy Trustee Todd Frealy’s hearing calendar there was a debtor who had a house. The house was valued in his petition for a certain amount. When Trustee Frealy reviewed the petition he ran a “zillow.com” appraisal on the property. The value on the zillow.com was higher than was listed in the petition. This is a common occurrence as the web based valuation service are estimates. The web sites are rough guesses on what the property ...

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Second call at bankruptcy hearing

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Second Call

Chapter 7 Trustee Arturo Cisneros conducts his Riverside division hearings at the same building as the US Trustee has offices. The hearing room is on the first floor of the red brick building located at 3801 University Ave., Room 101 or 103, Riverside, CA 92501.

I mention this because there is not a day that goes by where debtors go to the wrong building. The US Bankruptcy Court is located at 3420 12th Street, Riverside, CA 92501 which is about ...

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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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Means Test New Form Dec. 1, 2014

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Dec. 1, 2014:  New means test forms today,

Take a look at the new forms as the Court clerk will start to ensure that the correct form is filed.

Today I attended a seminar on the means test conducted by the US Trustee’s office presented by Jennifer Braun, the Assistant US Trustee in Woodland Hills and Katherine Bunker, a Trial Attorney with the US Trustee’s Woodland Hills office.

The key take aways:

If you get an inquiry from the United States Trustee, respond quickly ...

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best payday loans Changes at the Riverside Bankruptcy Hearings

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Riverside Bankruptcy Trustee Todd Frealy no longer has the debtors fill out a written questionnaire prior to examining the debtor at the creditors meetings. He still requires the Debtors to read the green information sheet before he examines them. If the Debtor has not read the green sheet, then the debtor will not be examined and his matter is trailed on the calendar. funds supply

Practice pointer: Some attorneys routinely send their clients the US Department ...

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