Face it, you guys can't go more than a few hours without thinking about Barry Mukamal.
I know I can't.
Sometimes it's almost like a weird kismet, I can be walking down the street or having lunch at the Bankers Club, not planning at all to think about Barry, when suddenly -- BOOM -- there he is!
True story -- one time I even thought of Barry while I was windsurfing.
What the hail is it about this guy?
Well, even the 11th Circuit has Barry on its mind, as it entered a pretty interesting order affirming The Power of Barry.
The question before the Court was whether a debtor's efforts to consolidate debt among credit cards constituted a "preferential transfer" or merely bank-to-bank transfers among creditors.
Even though there was not much at stake, Barry as trustee was not about to let that money escape:
The decisions of the Bankruptcy Court and District Court are affirmed. TheAllow me to translate all that bankruptcy gobblygook: You Don't Mess With The Mukamal.
transfer of credit card funds to pay Egidi’s debt owed to MBNA now BOA, which
occurred within 90 days of the bankruptcy petition, was a preference subject to
avoidance by the trustee under 11 U.S.C. § 547(b) and were not subject to
earmarking. The trustee was entitled to judgment in his favor in the amount of the
transfer, $16,065.00.
Không có nhận xét nào:
Đăng nhận xét