Legal Question in Bankruptcy in Florida
Bankruptcy
What happens during bankruptcy (Chap 7) if credit card balances included payment to a lawyer - do they take the money back from the lawyer?
Asked on 11/20/02, 1:48 pm
2 Answers from Attorneys
Alexander M. Rosenfeld
Rosenfeld & Stein, P.A.
Re: Bankruptcy
You need not be concerned. The claim, if any, belongs to the Trustee. It is the Trustee's option to decide if, and what to do.
Answered on 11/20/02, 2:04 pm
George Savage
George S. Savage, P.A.
Re: Bankruptcy
When you file a personal Chapter 7, a trustee is appointed to determine if there are any actions to bring on behalf of your creditors. If the credit card payment was for services paid within 90 days prior to the bankruptcy, for instance, the trustee may decide to require those monies to be returned by the attorney due to a preference. However, as the debtor, you should not be as concerned. These are decisions made by the trustee.
Answered on 11/20/02, 2:50 pm
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