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FORECLOSURE AVOIDANCE AND LOAN MODIFICATION - RIVERSIDE COURT ATTORNEY

Preference Actions - Section 547 of the U.S. Bankruptcy Code permits the avoidance of transfers in the 90 days (or, in the case of insiders, one year) before the petition that give the creditor an advantage to which it is not entitled in bankruptcy. A trustee administering the bankrupt estate will file a preference action against a creditor seeking to recover these transfers as property of the estate. However, section 547 does not allow the trustee to impugn every transfer to creditors in this period --- only those that satisfy all of the elements listed under 11 U.S.C. section 547(b). If any one of the elements is not satisfied, then the transfer cannot be avoided. Even if all of the elements are satisfied, the trustee may still be prevented from avoiding the transfer to the extent the transfer fits within one of the exceptions in 11 U.S.C. section 547(c).

You must act immediately after getting the NOD but in no case may you wait past the trustees sale. After the sale, someone else owns your property, and you cannot get it back without re-purchasing. However, before the trustees sale you have options and should explore your options with an attorney. There are rare circumstances where you can undo a trustee's sale. However, it is best not to let your situation get this far.

Offering: IE SLIP AND FALLS LAWYERS services in many locations, including: Murrieta Hot Springs, CA, Beaumont, CA, Temecula, CA, Palm Springs, CA, La Quinta, CA, Coachella, CA, Rancho Mirage, CA and surrounding areas.

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Riverside Court Attorney Gwynn Law Firm | Jeff Gwynn Attorney at Law - 3637 Arlington Avenue, Ste D | Riverside | CA | 92506 | 951-684-3774


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