From: Jay S. Fleischman [jay@drlcny.com] Sent: Thursday, September 14, 2006 3:52 PM To: mailinglist@maxbankruptcybootcamp.com Subject: Re: Discharge Violation Not only that, but there are FFAs that call for the originating creditor to continue reporting even after sale. The reservation of rights is, in my opinion, the key here. O. Max Gardner III wrote: > I agree with Jay. You must have the assignment and the forward flow > agreements before you settle. It makes a big difference if the charge > off and the sale occurred before or after the petition date. > > > O. Max Gardner III > Law Offices of O. Max Gardner III, P.C. > Federal Debt Relief Agency > Consumer Protection Unit > PO Box 1000 > Shelby NC 28151-1000 > 704.487.0616 (v) > 704.418.2628 (c) > 888.870.1647(f) > maxgardner@maxgardner.com > omaxgardner@yahoo.com > http://www.maxgardnerlaw.com > > Max Gardner's 2006 Bankruptcy Boot Camps > http://www.maxbankruptcybootcamp.com > > > Member National Association of Consumer Bankruptcy Attorneys (NACBA) > > We are a federally designated Debt Relief Agency under the United > States Bankruptcy Laws. We assist people with finding solutions to > their debt problems, including, where appropriate, assisting them with > the filing of petitions for relief under the United States Bankruptcy Code. > > > -----Original Message----- > From: Jay S. Fleischman [mailto:jay@drlcny.com] > Sent: Thursday, September 14, 2006 12:39 PM > To: mailinglist@maxbankruptcybootcamp.com > Subject: Re: Discharge Violation > > Andy: > > I've got the same issue with HSBC; they claimed that the debt was sold > to Arrow six months prior to the filing of the bankruptcy. I > indicated that I would dismiss as to HSBC upon receipt of the > agreement, at which time HSBC forwarded copies of the exhibits to said agreement. > > I am of the mind that without seeing the entire agreement with the > rights and responsibilities of the parties I cannot and will not > dismiss. I expect they will either settle or move to dismiss the > complaint, arguing that they gave me all I need. Every time they > call, the settlement figure goes up in my mind. > > > andy miofsky wrote: >> Debtor scheduled CCC and received a discharge. Later Debt buyer sues >> debtor. Debtor filed adversary against CCC and Debt buyer. Attorney >> for CCC says the debt was sold two years before the bankruptcy was >> filed. Should I let CCC out or do I need to see some transfer >> documents first? Are there any buyback requirements invovled here? >> I > >> am sure the Judge will ask why I have CCC in the case. What should I > tell him? >> -- >> Andy Miofsky, A Bankruptcy Lawyer >> 2249 Pontoon Rd >> Granite City IL 62040 >> 618.931.1313 >> >> Special Forces Litigation Unit >> 1st Platoon, 2nd Squad >> www.maxbankruptcybootcamp.com > > > -- > --------------------------------------------------------------------- > Jay S. Fleischman, Esq. > FleischmanLaw, P.C. > 15 Maiden Lane, Suite 2000 > New York NY 10038 > T: 212.785.1136 x704 > F: 646.435.0634 > AOL IM: jsflawny > Y! IM: jsflawyer > MSN IM: jsflawyer > --------------------------------------------------------------------- > DEBT RELIEF LAW CENTER OF NEW YORK > www.drlcny.com > > DEBT PODCAST > www.DebtPodcast.com > --------------------------------------------------------------------- > CONFIDENTIALITY NOTE: The information transmitted in this message is > intended to be confidential and for the use of only the individual or > entity named above. This message may also be for the purpose of > rendering legal advice and thereby privileged. Any retention, > dissemination, distribution, or copying of this message is strictly > prohibited by anyone other than the intended recipient. If you have > received this message in error, please immediately notify this office. > Receipt by anyone other than the intended recipient is not a waiver of > the attorney-client or work-product privileges. This office does not > accept service of any legal papers or process via electronic mail. > ----------------------------------------------------- > > Max Gardner's Bankruptcy BootCamp Mailing List > > You can Unsubscribe from the list by sending an email to: > mailinglist-unsubscribe@maxbankruptcybootcamp.com > > > Max Gardner's Bankruptcy BootCamp Mailing List > > You can Unsubscribe from the list by sending an email to: > mailinglist-unsubscribe@maxbankruptcybootcamp.com > > -- --------------------------------------------------------------------- Jay S. Fleischman, Esq. FleischmanLaw, P.C. 15 Maiden Lane, Suite 2000 New York NY 10038 T: 212.785.1136 x704 F: 646.435.0634 AOL IM: jsflawny Y! IM: jsflawyer MSN IM: jsflawyer --------------------------------------------------------------------- DEBT RELIEF LAW CENTER OF NEW YORK www.drlcny.com DEBT PODCAST www.DebtPodcast.com --------------------------------------------------------------------- CONFIDENTIALITY NOTE: The information transmitted in this message is intended to be confidential and for the use of only the individual or entity named above. This message may also be for the purpose of rendering legal advice and thereby privileged. Any retention, dissemination, distribution, or copying of this message is strictly prohibited by anyone other than the intended recipient. If you have received this message in error, please immediately notify this office. Receipt by anyone other than the intended recipient is not a waiver of the attorney-client or work-product privileges. 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