Is transfer of real property like this during a Chapter 13 permissible when the plan had not been confirmed and the best interest of creditors number was trying to be established by my side?
Response: No, it is not permissible, without prior authorization of the Bankruptcy Court. This kind of property transfer must be approved by the Bankruptcy Court. The debtor's general attorney is like any other creditor but has received a preferential treatment of his debt. The Chapter 13 trustee may void this transfer as preference under 11 U.S.C. Section 547 (a). You of course need to file objection to the transfer with the Bankruptcy Court and if necessary object to the debtor getting discharge of his debts in bankruptcy if he does not recover the trailer from his general attorney.
Sorry, it should be 11 U.S.C. Section 547 (b).
Ok. Thanks for the clarification.
You can bring this matter up to the Bankruptcy Court by filing objection to the bankruptcy case, by pointing out to the Bankruptcy Court that a preferential transfer was made during the insolvency of the debtor; that the debtor transferred her trailer to pay her non-bankruptcy attorney during his prior Chapter 13 case without the prior authorization of the Bankruptcy Court. Since the case has been converted to a Chapter 7, you should bring it to the attention of the Chapter 7 Bankruptcy Trustee who may or may not be interested in avoiding the transfer based on the value of the trailer. You should also contact the Office of the US Trustee in your Region about this transfer. The Office of the US Trustee acts as the supervisor to Chapter 7 Trustees.
In addition, you may file objection to general Discharge of the Debtor pursuant to 11 U.S.C. Section 727:
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).