Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Dear Socrateaser - First of all, I thank you for your quick response, as my interrogatory answers are due tomorrow! Based on your information, do you believe it would be in my favor to offer the fact that this first time client, delivered his first of 4 payments to me 2 months after I began working for him? We had a spoken agreement which I eventually (after his non-payments) put in writing in an email, stating, that since he was already over 2 months late, in order for me to continue I asked that he promise to prepay each month, going forward. I do have another fact in my favor and that is the fact that I delivered added value after his last payment.
There are two questions that I'm not sure of and would appreciate your advice.... Thank you!
No 15:If you contend that any of the transfers identified in Plaintiff's Complaint were not made to you in satisfaction of an antecedent debt, identify each such transfer and state each and every fact in support of your contention.
(The debtor filed on 1/28/10 for Chapter 11 but on 6/1/11 he was granted Chapter 7. The debtors payments to me began on 11/19/09, with 3 more to follow on12/3/09, 12/19/09 & 1/5/10). My work on this client's behalf began in July and by September I was warning that I would walk...But I still wanted to help turn their distressed mall around so I hung in there.)
If you contend that any of the transfers identified in Plaintiff's Complaint were made in payment of a debt incurred by the Debtor in the ordinary course of business or financial affairs, and were made according to ordinary business terms as provided by 11 U.S.C. 547(c)(2), state each and every fact upon which you base your assertion. Identify any and all relevant Documents and/or Communications.
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).