Adversary proceeding to recover money?

[CarrieOakey]

[justbroke]

In order to exercise the powers of the Trustee under 11 USC 547 (Preferences), you would act as Trustee. I believe that you can do this in an Adversary Proceeding, but I'm not sure I'd recommend any pro se debtor to file a complaint.

I think first, you could send a demand letter, indicating that you want the money back and it is subject to avoidance as an avoidable preference under 11 USC 547. In this demand letter, I might be inclined to also indicated, strongly, that should they not take action with 10-14 days of the date of the letter, you will file a Complaint (Adversary Proceeding) with the US Bankruptcy Court.

I am unsure if you were to recover a sizable amount of money, if the Trustee wouldn't be interested in it for purposes of distributing the same to the unsecured creditors.

I have never done this. The better question is... is you case even open?

[CarrieOakey]

uirt

Your suggestion actually worked perfectly - I sent a letter:

*************
As you are aware any outstanding balance owed to Collection Agency by Lil Ole Me was discharged by the United States Bankruptcy Court Local To Lil Ole Me in Month, This Year. Mrs Nice Trustee was the Trustee in this case acting in accordance with both State and Federal Law. and the case number was #higgledypiggledy

During the 90 day period prior to Lil Ole Me filing for Chapter 7 Bankruptcy Protection, Lil Ole Me's wages were garnished by Collection Agency to the amount of $xxxx; it has been deemed that this amount is an avoidable preference under 11 USC 547 and it is now requested that reimbursement of this amount ($xxxx) be furnished to Lil Ole Me within 14 (fourteen) days from receipt of this notice.

Failure to comply with this request may result in the filing of an Adversarial Complaint with the United States Trustee to recover the funds along with any and all costs incurred during the process.

Your prompt response to this matter is greatly appreciated.

************

The check arrived five days later.

Anyway, just wanted to let you know how it was resolved. In many ways I'm astonished - between this, discharging the past income taxes AND having the tax lien stripped I can't quite believe I managed to do it all pro se!

Many thanks for your help

ETA: I did notify the trustee of the amount and she wasn't interested in it (!).

[justbroke]

Very nicely done! You must have scared them good, because you used the United State's Trustee as your avenger.