[CLBS] Weinstein & Riley letters regarding threats of adversary proceeding

[Randal French]

I have received similar letters in the past.  The credit card companies take the position that charging purchases or getting cash advances followed by filing for bk evidences an intent not to pay at the time the charges were incurred, so possibly not dischargeable under 523(a)(2).  I cannot say whether the firm would back off every time if ignored.  Usually they identify specific transactions that they question.  I think you have to look at the allegations on a case by case basis.  I have had them walk away when the charges were clearly for business purposes.



-----Original Message-----
From: clbs-bounces at admws.idaho.gov [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Drake Mesenbrink
Sent: Monday, July 30, 2012 4:11 PM
To: 'Bankruptcy list'
Subject: [CLBS] Weinstein & Riley letters regarding threats of adversary proceeding


I received two form letters last week from a firm in New York, Weinstein & Riley threatening to file an adversary proceeding unless my clients agree to pay credit card debts which were incurred 6 or more months prior to the bankruptcy filing.

Has anyone else received similar letters, what position have you taken regarding the letters and is Weinstein & Riley serious or are these simply threats in the hope someone will bite.

The letters are almost identical.  They also cite to local counsel, William S. Weinstein.  Mr. Weinstein is an attorney in Seattle.  The WSBA does not list bankruptcy as one of his areas of practice.

Thank you.

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