Would this be considered preferential payment?

[despritfreya]

Thanks Des,

Your welcome - anytime.

Des.

 

[socksornosocks]

Your welcome - anytime.

Des.

Des,

Looking for a little help again. So my uncle's 30 day window is coming up in about a week. I am trying to see whether or not I should have my uncle call for the open extension while everything is processing.

I sent this email to my lawyer

"Just checking in again. I know the settlement is working it's way through the process I just wanted to see where we are at so I can tell my uncle whether or not to call the trustee to request an extension pending the approval of the settlement."

As usual he gives me a response that doesnt tell me a damn thing about what I asked. All he responded with was "I'll tell you when I have the paperwork"

Any advice?

 

[despritfreya]

There would be nothing improper with your uncle reaching out to the Trustee's attny if there is one, or the Trustee if there is no attny. Better safe than sorry. Your uncle simply asks for an "open extension" to file an Answer pending approval of the settlement. Make sure that the response is in writing. Your uncle should also verify that once the settlement funds are paid the adversary will be dismissed - although I suspect there will be a dismissal provision in the settlement agreement;

I am sure this will work out for both of you but my comfort is in having something in writing.

Des.

 

[socksornosocks]

Could be my last question and last post here which is pretty exciting.

Lawyer sent me the settlement agreement this morning to have my uncle sign which he did. Now I have to make the payment to the Trustee for the 4k.

My question is do they care who the check comes from or they just want their money.

The reason I ask is to pay it the plan was to take a transfer from my wife's credit card that is going to be 0% interest if I pay it off by NEXT October. I did the transfer yesterday but it's going to take a few days to get into the account but i have to pay this tomorrow.

In the meantime I had my best friend lend the the money and I have a bank certified check make out to the trustee as per the settlement and I am just going to pay my friend back on Monday as soon as my CC transfer goes into my bank.

Is the trustee going to make an issue out of the check not coming from my or my uncles name?

 

[despritfreya]

The Trustee does not care where the $$ comes from. He only cares that it is paid. If you are concerned then have the bank issue a cashier's check. Regardless, make sure you write your case number on the front of the check (memo line).

Glad it all worked out.

Des.