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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 12732
Experience:  B.A.; M.B.A.; J.D.
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Dear Attorney Phillips, Happy Friday to you from the overzealous

Customer Question

Dear Attorney Phillips,

Happy Friday to you from the overzealous Chpt 7 creditor( Just in case you have forgotten)

Seems all my questions have been locked, but atleast AMX didn't take my card away yet.

So sorry to bother you, but I do have another question.

Please answer when you have time and enjoy your weekend.

Thank you for your research case provided, it was appreciated. My first reaction was that the courts assigned govt rights to Insurance Co because Surety Co. actually does have an obligation to pay, while US Customs Brokers do not have an obligation. So there goes that.

MW acted as sort of any agent? as we provided them with a Surety Bond. We deal with our agent, correcting, updating, maintaining Fortunoff's bond.We issued payments to surety Co, and issued our invoice to Fortunoff as continuation of bond. Maybe that would be considered. I know I am reaching a bit to far her, But what do you think?

If they can assign the nondischargeable rights of govt to an Insurance Co., who actually benefited making money from issuing bond. Then why not to a US Custom broker left holding the bag! We clearly did not benefit from paying other people taxes..

In March 2008- We filed with the Surety Co, yet another new bond for them, with a new importer number & canceled the old one. New entity: H.Acquestions LLC D/B/A Fortunoff. At the same time we did also set up a new a/r a/c for them.

I hope I am not bothering you, please do say so If my constant questions are getting to you.

Just do value your opinion.

kind regards,
Susan
P.S.
Well just when I thought my median was done & variation would ruin the ordinary course of business for preference. We have a few account receivable, older ones, which we apparently were using. So more numbers & spreadsheets.. but that could be a good thing. Then I will finally stop with my what if???..
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  Phillips Esq. replied 4 years ago.
Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.

Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.

Dear XXXXX:

I love hearing from you and putting in my two cents worth. I was not online for most of yesterday because of prior engagements and tons of probems with the site.

Let me look into your questions and get back to you.

Again, there is no bother. Do not hesitate to use me as your sounding board. Honestly, it has been a pleasure working with you.

Your post on 5/5/10 is still open. So, you can go ahead and request that that one be locked. Not this one please!

Here is the link to the post you want locked:

http://www.justanswer.com/questions/3gzi1-dear-attorney-philips-i-dont-think-you-were-able-to-received



Edited by AttorneyPhillips on 5/8/2010 at 4:31 AM EST
Expert:  Phillips Esq. replied 4 years ago.

Thank you for your research case provided, it was appreciated. My first reaction was that the courts assigned govt rights to Insurance Co because Surety Co. actually does have an obligation to pay, while US Customs Brokers do not have an obligation. So there goes that. MW acted as sort of any agent? as we provided them with a Surety Bond. We deal with our agent, correcting, updating, maintaining Fortunoff's bond.We issued payments to surety Co, and issued our invoice to Fortunoff as continuation of bond. Maybe that would be considered. I know I am reaching a bit to far her, But what do you think? If they can assign the nondischargeable rights of govt to an Insurance Co., who actually benefited making money from issuing bond. Then why not to a US Custom broker left holding the bag! We clearly did not benefit from paying other people taxes.. In March 2008- We filed with the Surety Co, yet another new bond for them, with a new importer number & canceled the old one.

Response: That is not over reaching. It is your job to explain to the Trustee/Bankruptcy Court how your billing work. Again, it is case like yours that makes new case law. May ask what is the big law firm doing since you retained them? Even if it may a long short, I would argue that the debts are nondischargeable because they are custom duties paid on behalf of the debtor and thus reimbursement by the debtor is not preference because if the duties were not paid, the debtor would not have claimed its merchandise.

New entity: H.Acquestions LLC D/B/A Fortunoff. At the same time we did also set up a new a/r a/c for them. I hope I am not bothering you, please do say so If my constant questions are getting to you. Just do value your opinion. kind regards, XXXXX XXXXX Well just when I thought my median was done & variation would ruin the ordinary course of business for preference. We have a few account receivable, older ones, which we apparently were using. So more numbers & spreadsheets.. but that could be a good thing. Then I will finally stop with my what if???..


Response 2: Kindly rephrase the question so that I can answer.


You worry too much.

You are no bother. This is what I do on this site: answer questions. Kindly ask as many questions as you want. I am here to try to answer them.

Have a good weekend..



Customer: replied 4 years ago.

Dear Attorney Phillips,

 

Thanks I feel like a nuisance, appreciate your kindness. I refrained from any questions for almost 2 days now. When I realized I still had work to do on my spreadsheet, which I happily just finished.

 

Ordinary course of business might work after all. My final medians are:

 

 

Prefrence period : MWC -22 days, MW 35days, Combined 23 days

 

1yr prior : MWC -19 days, MW 20days, Combined 30days

 

2007year : MWC - 22days, MW 22 days, Combined 22 days

 

2006year : MWC- 18days, MW-19days , Combined 18 days

 

 

 

Very good question! We spoke briefly, once Bob called regarding whether retainer received., and 2 days ago spoke to Joe, requesting spreadsheet for going back to 2006,as well listing of various names .( which you have provided)

 

 

Surety Co, assigned Govt rights is a good thing for all. I know I am not a surety Co, but to Fortunoff we did service as such.

 

 

Let's hope some of that retainer is earned, as I seem to be doing all the work.

 

In our brief conversation, Joe seemed to be interested in the new entity. Fortunoff was bought by this H. Acuistions Holding LLC, would that make a difference?

 

Thanks again. You are a pleasure to work with & have more confidence in your ideas.

 

Packing up now, Yes still here, just finished & will email my spreadsheet. Hope my attorneys calls on Monday at least.

 

Kindest regards

Susan

 

When I went to my questions, seems none were unlocked,so I started as new. I will have locked at a later date, as customer service might lock this as well.

 

 

Expert:  Phillips Esq. replied 4 years ago.
Ordinary course of business might work after all. My final medians are:

Prefrence period : MWC -22 days, MW 35days, Combined 23 days

1yr prior : MWC -19 days, MW 20days, Combined 30days

2007year : MWC - 22days, MW 22 days, Combined 22 days

2006year : MWC- 18days, MW-19days , Combined 18 days

 

Response 1: Those numbers are pretty good (crossing my fingers).

 

Surety Co, assigned Govt rights is a good thing for all. I know I am not a surety Co, but to Fortunoff we did service as such.

 

Response 2: Argue it anyway. You could make a new case law for Customs Brokers.

 

 

Let's hope some of that retainer is earned, as I seem to be doing all the work.

 

Response 3: I hope so too.

In our brief conversation, Joe seemed to be interested in the new entity. Fortunoff was bought by this H. Acuistions Holding LLC, would that make a difference?

 

Response 4: I am not sure how this would make a difference since Fortunoff was the one that filed for bankruptcy and not the holding company. Also, your invoices were to Fortunoff.

 

 

Packing up now, Yes still here, just finished & will email my spreadsheet. Hope my attorneys calls on Monday at least.

 

Response 5: Take a well deserved break. I am here if you have follow-up questions.

 

Have a good relaxing morning!

 

Very truly yours,

 

 


 

Customer: replied 4 years ago.

Dear Attorney Phillips,

 

Yes, I will rest . Honestly, it's really not the money, well a bit, but it is just not right. I almost want to go to court on this & change this law.

 

Custom duty taxes should be assignable to brokers, otherwise there will be no brokers left with Chapter 7 on the rise.

 

We are so lucky , it could have been far worse. In 2006, we paid fortunoff's Duty taxes totaling aprrox $550,000. & 260 shipments handled. Then I would call you to file bankruptcy for MW.

 

During the preference period we only handled 22 shipments, with approx $100,000. total. 2007 - 78 shipments, as they stopped using us that year.

 

It is all good, no matter how this turns out! Feel so foolishly to be so unprotected.

 

I am just really bothered by this illogical law & want to do something even if they don't take back the money.

 

Thanks again, speaking with you has done so much for me. Lets hope XXXXX XXXXXdles our case well. But not getting that caring vibe, & I do believe to be a truly good attorney, you just have to care. , like yourself.

 

Have a nice weekend & keep those fingers crossed, might be over with a $3000.00 phone call to trustee...

 

Enjoy your weekend!

Susan

 

 

 

Expert:  Phillips Esq. replied 4 years ago.
Dear XXXXX:

Ok. Go and get some rest now.

Let the attorneys earn their fees at this point. You have done all the background work for them.

Have a good morning,

Customer: replied 4 years ago.

Dear Attorney Phillips,

 

I thought you would get a chuckle from this! My high priced attorney, actually works on Saturdays! That is he working enough to say " Thanks" end quote, in response to my spreadsheet of over 5 days in the making, which details every little detail of almost 600+ shipments.

 

I fear after all my efforts, that I made a mistake & retained an attorney who could care less.

 

 

Are you sure you can't handle? Wouldn't you like to go to court & make this the case that fixes this stupidity?

 

babbling Susan.

 

No need to answer, just getting it out I will click psychologist question section now for services render. Pisses me off! Look at spreadsheet totals at least for 825.00 hrly .& comment on same no?

Expert:  Phillips Esq. replied 4 years ago.
Dear XXXXX:

I wish that I could say that I am really surprised about your high priced law firm. It is not the same as retaining a small practice lawyer. With a small office practitioner, you get that personal touch. Anyway, this does not mean that all is lost. Have hope.

No need for shrink for this one. You are just frustrated with the whole situation. It seems unfair and it is actually unfair for you to be on the verge of giving money back for goods that the debtor made money from. That said, I am hopeful that your research would pay off assuming that your legal team gives careful review to your research.
Unfortunately, I am not licensed to practice in New York at this time.

Listen, do not hesitate to send me a post. I am here to lend an ear.

I am sending this response as an Info Request because I do not want you to feel that you have to ACCEPT it. I appreciate all your previous payments.

It has been a pleasure working with you.

Now, for the last time you do not babble. It is good that you are writing out your thoughts. Otherwise, you would be under tremendous stress. So, writing about it is good.

Again, do not hesitate to send me a post. I would respond to it when I am online.

Try to have a relaxing Sunday.

Very truly yours,

Edited by AttorneyPhillips on 5/9/2010 at 7:07 AM EST
Expert:  Phillips Esq. replied 4 years ago.
Please do noy click ACCEPT for the previous post, immediately before this one. I accidentally hit Answer instead of Info Request.
Customer: replied 4 years ago.

Dear Attorney Phillips,

 

Do you know what the funniest part of this? All my research still remains unheard by my attorney.

 

During our 2nd brief telephone call ,I got as far as stating I been researching & reading USC , when he interrupted stating that" the law has changed in 5yrs" Taken as clear hint to let him do his job & shut up. So I did.

 

That is what is bothering me, I know I am not on his level, after only reviewing fort 2 weeks, but I think I have some helpful points. Plus I would need at least one more week in order to be more qualified than him. Just a dig! only kidding.

 

I am sending a brief recap to him, whether he likes it or not, on my, that is mostly your thoughts.

 

So are sure you can't get licensed in NY by this Wednesday ?

 

 

Thanks again,

Susan

 

Expert:  Phillips Esq. replied 4 years ago.

Dear XXXXX:

 

Personally, I prefer a more informed consumer because that makes my job a lot easier. Your attorney should be grateful that you are doing most of the work for him. You have a duty to send him what you have on the case whether he likes it or not.

 

As far as the law changing five years, only some parts of the code were amended usually for the disadvantage of the debtors and not for creditors. The part of U.S.C. we have dealing with for the past week is current. 11 U.S.C. Section 547 is still the law of the land.

 

Do not get discouraged. Send him what you have and let him interpret however he wants to. All you are really after is for him to eliminate or minimize the amount that you have to return to the Trustee. His attitude may not be something to write home about. He may think he is entitled to be that way because he is a big shot. This is of course my humble opinion.

 

Again, do not be discouraged. Your research is most likely to pay off.

 

Have a good Mother's Day,

 

 

 

Expert:  Phillips Esq. replied 4 years ago.

I did it again!

 

Meant to hit Info Request and hit Answer.

 

Please do not Click Accept.

 

Have a good day!

Customer: replied 4 years ago.

Dear Attorney Phillips,

 

Thanks again for just being around & saying what I needed to hear. Just email Mr Pompous our ideas. I guess I was intimidated . Maybe I was better off with the other attorney who asked me if my PJs were black, at least he asked me questions.

 

Never will I listen to others & go with a big law firm again. If Matty was handling, I wouldn't have read all of USC, we would confer and I would have slept a lot more in the last week.

 

Matthew Piccard was a wonderful person & my fathers friend and attorney for over 30 years. I hope he realized before he passed, just what he really meant to everyone & the importance of having someone you can trust to confer with. I can tell that you are very similar to Matty, so make sure you realize that too!!

 

Plenty of pompousness at this firm.

 

Happy Mothers Day to you too!

 

I will definitely let you know the outcome.

 

Kindest regards

Susan

 

 

Expert:  Phillips Esq. replied 4 years ago.

 

Dear XXXXX:

 

That is what you can do a this time: send him your research and let him use it the best way that he deems necessary.

 

Relax, give yourself a break and try to have a happy morning.

 

And thank you very much for the compliment. It is greatly appreciated.

 

You do not need to respond to this post.

 

Try to have a good night and give the case a rest for now and let this high priced attorney earn his fees.

 

All the best,

 

PLEASE DO NOT CLICK ACCEPT . I HIT THE WRONG BUTTON ONCE MORE. THE ANSWER BUTTON IS ON THE RIGHT HAND SIDE AND I AM RIGHT HANDED.

 

 



Edited by AttorneyPhillips on 5/10/2010 at 3:14 AM EST
Customer: replied 4 years ago.

Dear Attorney Phillips,

 

I received another "Thanks" in response to my email, which I am proud to say was babbless & short & sweet! No call yet.

 

Can I ask you yet another question? Is this standard attorney/client practice to have not even discussed Trustee demand yet, or even request our documents to be reviewed, and it is now just about Tuesday? How serious is this trustee when their demand states Wed May 12.?

 

Hope I don't slip through the cracks, but it sounds like it.. Starting to think I should have dealt with trustee initially .

 

Is this normal in attorney land & I am just being a worrier?

 

kind regards

Susan

 

 

Expert:  Phillips Esq. replied 4 years ago.
Dear XXXXX:

Your question: Can I ask you yet another question? Is this standard attorney/client practice to have not even discussed Trustee demand yet, or even request our documents to be reviewed, and it is now just about Tuesday? How serious is this trustee when their demand states Wed May 12.?

 

My Response: No, it is not a standard practice. The attorney supposed to meet with you by now to discuss the strategy for the case. Maybe, he can afford to be relaxed since he knows the trustee very well. Maybe, and this is pure speculation on my part, his buddy, the trusee has already let him know what he wants. You should relax at this point and see how he deals with the case. You have done the best that you can at this time.

Naturally, you do worry a lot. Let the attorney handle the case now. He is being well compensated for his services. You can complain later if he does not resolve the issue to your satisfaction. Let it be for now.

Relax,

Very truly yours,


Customer: replied 4 years ago.

Hi, working through the night, have to attend a school trip tomorrow for my 5th grader, plus I work better in office late at night & I talk my HK office in real time.

 

Thanks, XXXXX XXXXX what I hoped they will handle more informally, just didn't want a last minute get documents over there, or taken as a non response by trustee..especially I'm off tomorrow.

 

See I am not totally nutty over this.& I was able to have a great weekend! Except for the thanks email, that got me.

 

The lack of communication with my attorney is causing me to think of more questions to ask you. Sorry, don't know why but they keeping popping up!

 

 

your working too late! Relax also.

 

How many times can I thank you! Thanks again.

Susan

Expert:  Phillips Esq. replied 4 years ago.
Dear XXXXX:

I was on this site yesterday for just a few minutes. I had so many things going on yesterday that I decided to give myself a break and not to be overwhelmed by events. Like you, I function better at this hour.

For me, I use this site to relax--being able to help people in a little way makes my stress go away.

Do try to relax. Enjoy the school trip tomorrow.

Have a good night,


Edited by AttorneyPhillips on 5/11/2010 at 7:30 AM EST
Customer: replied 4 years ago.

Helping people is an understatement! Don't forget to realize it.

 

laughing is always good stress reliever! Being silly, always kidding in office, prank the receptionist/ salesmen with a rather good Chinese accent I might say.

 

Our receptionist, is just that, she is sweet though, but today I asked her to collate some copies & she had no idea,I guess I never ask her for much. So wait, it gets funnier, I show her how to work the copier. Now She is only making copies per my stickies . When review the copies , most if not all the pages were cut off & slanted.

 

Thank god I was in back office, I was laughing so loud. She has other qualities, clients love her smiling voice & personal attention, so we let things slide,

 

Hope i gave you a laugh! Oh & the new hire, is sooo relaxed, but she is ok with her data entry.

 

Have a great night.

Susan

Expert:  Phillips Esq. replied 4 years ago.
Dear XXXXX:

You got to learn to delegate more. Otherwise, you are going to run yourself down.

Ok, have a good morning!
Customer: replied 4 years ago.

you are right! I have this do it yourself attitude! Will try !

Good night/morning.

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