我的客戶破產了 補充材料

謝謝各位閱讀我的前一個帖子，下麵補充如下，希望多多的建議。

1）我的客戶最先是filed Charpter 11 （October 13, 2014）。Court ordered the appointment of a chapter 11 trustee. Thereafter, Trustee was appointed the chapter 11 trustee for the Debtor’s bankruptcy estate

2）我同客戶之間的買賣是從6月到9月/2014，是在破產保護之前。

4）問題是 By Order entered on April 30, 2015, the Court converted this case to a case under chapter 7 of the Bankruptcy Code pursuant to 11 U.S.C. § 1112(b). Following conversion of the case, Trustee has appointed the chapter 7 trustee of the Debtor’s bankruptcy estate. 就是說先是11， 然後再變成7。

5）破產公司trustee 律師說“Defendant was a supplier of various goods to the Debtor. During the ninety days prior to the Petition Date a balance existed on the Debtor’s account with Defendant.”我們隻提供了電池片。

6）破產公司trustee 律師的理由是“At the time each of the Payments were made the Debtor is insolvent as the value of its assets at fair valuation was substantially less than the aggregate of its liabilities.”就是說公司已經資不抵債但是還在付款。注意，我們的買賣是發生在公司破產之前。

7）Trustee律師要我還錢（~$100K)的理由如下

a) The Payments to Defendant were of transfers of interests of the Debtor in property.

b) Upon information and belief, at the time of the Payments Defendant was a creditor of the Debtor; thus, the Payments were made to or for Defendant’s benefit. As a consequence, the Payments to Defendant were made for or on account of an antecedent debts owned by the Debtor to Defendant.

c) The transfer of the Payments to Defendant were made within 90 days of the Petition Date. 注意，這裏應該是Charpter 11，而不是Charpter 7.

d) At the time of each of the Payments the Debtor was insolvent.

e) The transfer of the Payments to Defendant enabled Defendant to receive more than Defendant would have received if the Debtor’s case was a case under Chapter 7 of the Bankruptcy Code, the Payments had not been transferred, and Defendant received payment of their outstanding debts to the extent provided by the provisions of the Bankruptcy Code. 沒有理由，如果是Charpter 7, 公司就不可能再從事生產而是必須關門，怎麽還能向我們買東西呢？

f) Based on the foregoing, the transfer of the Payments to Defendant are avoidable pursuant to Section 547(b) of the Bankruptcy Code. 是的，不付錢我們也不會賣東西的。

g) Plaintiff is, therefore, entitled to judgment against Defendant avoiding the transfer of the Payments.

h) Section 550(a) of the Bankruptcy Code provides that to the extent a transfer is avoided under Section 547 the trustee may recovery, for the benefit of the estate, the property transferred, or if the Court so orders, the value of such property from the initial transferee of such transfer or the entity for whose benefit such transfer was made or, alternatively, any immediate or mediate transfer of such transferee.

i) The transfer of the Payments to Defendant are avoidable pursuant to Section 547 of the Bankruptcy Code.

j) Defendant is the initial transferee of the Payments

k) Accordingly, Plaintiff is entitled to a judgment against Defendant recovering the Payments for the benefit of the Debtor’s bankruptcy estate

當然最壞的情況是虧$100K加上律師費，再就是同Trustee 律師make a deal (我可以不用找律師？）或者是fight at the court with a 律師。

所有跟帖： 

• 你收到的支票是9-12 或之前嗎？ -土棉農- ♂ (0 bytes) () 06/18/2017 postreply 10:28:08

• 你收到的支票是9-12 或之前嗎？ -六月霞- ♀ (0 bytes) () 06/19/2017 postreply 12:19:43

• 你收到的支票是9-12 或之前嗎？是的。 -六月霞- ♀ (0 bytes) () 06/19/2017 postreply 12:21:18

• 我覺得你還是找律師吧，我找警察叔叔時被告知，庭上如果對方有律師而自己沒有，基本會被撕了。 -545f- ♀ (0 bytes) () 06/18/2017 postreply 10:43:25

• 我覺得你還是找律師吧 -六月霞- ♀ (38 bytes) () 06/19/2017 postreply 12:26:56