Trustee Blog

Trustee Helen Frazer Bankruptcy Litigator

Posted by:

Riverside Chapter 7 Bankruptcy Trustee Helen Frazer as mentioned in another post is a California Certified Specialist in Bankruptcy and she is a litigator for other bankruptcy trustees. In addition, she does her own litigation for problem cases.

Recently I saw at the Court where there was another Frazer case on the Bankruptcy Court’s calendar. Ms. Frazer was asking the Court to reopen an Adversary Proceeding and for an Entry of Judgment per stipulated Judgement. The Judge, in his tentative ruling, took the time to explain the history of the case and the steps Ms. Frazer took to secure an asset of the bankruptcy estate.

A debtor filed a Chapter 7 case two years ago and was assigned Riverside Chapter 7 Bankruptcy Trustee Helen Frazer. In the debtor’s petition, he neglected to disclose an interest in bank accounts. The bank accounts totaled over $10,000.00. Ms. Frazer made a demand for the accounts to be turned over to the bankruptcy estate. The debtor did not cooperate.

Three months after the filing of his bankruptcy case, Ms. Frazer filed an adversary complaint to deny the debtor’s discharge based on a material misstatement in his schedules.

The parties reached a settlement where the debtor was to pay back the estate $10,000 in monthly installments of $800 and then the Trustee’s complaint to deny discharge would be dismissed. The settlement provided that if the debtor missed a payment, the trustee would send a 10 day letter in order to cure or a default would be entered, with a maximum of three such letters. The debtor made payments but the trustee had to sent three such letters.

There was about $6800 in payments still due as of the time of the Motion. Ms. Frazer was left with no alternative but to file a Motion to Reopen the Adversary Proceeding and ask for an entry of Judgment. This time she asked the Court for the $6800 plus $2375 in attorney fees. So the judgement will now grow against the delinquent debtor.

 

0


About the Author: