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.
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