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Questions Debtor's Duties Upon Reopening Chapter 7
Thank YOU all....confirmed my thinking.
On Wed, Apr 30, 2014 at 10:39 AM, Mark J. Markus wrote:
>
>
> Correct.
>
> *************************
> Mark J. Markus
> Law Office of Mark J. Markus
> *Mailing Address Only:*
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2652
> (818)509-1173 (818)509-1460 (fax)
> web: http://www.bklaw.com/
> Certified Bankruptcy Law Specialist--The State Bar of California Board of
> Legal Specialization
> This Firm is a Qualified Federal Debt Relief Agency
> ________________________________________________
> NOTICE: This Electronic Message contains information from the law office
> of Mark J. Markus that may be privileged. The information is intended for
> the use of the addressee only. If you are not the addressee, note that any
> disclosure, copy, distribution or use of the contents of this message is
> prohibited.
> IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by
> the IRS, we inform you that any U.S. tax advice contained in this
> communication (or in any attachment) is not intended or written to be used,
> and cannot be used, for the purpose of (i) avoiding penalties under the
> Internal Revenue Code or (ii) promoting, marketing or recommending to
> another party any transaction or matter addressed in this communication.
> On 4/30/2014 8:37 AM, Christine Wilton wrote:
>
> I get that Mark. Just wondering if reopening the case gives rise to any
> duties on debtor's part....
>
> I understand that the petition and other required docs are a "snapshot"
> of debtor's financial affairs at the time of filing. So, the reopening of
> the case does not change this. Correct?
>
>
> On Tue, Apr 29, 2014 at 8:46 PM, Mark J. Markus wrote:
>
>>
>>
>> Not sure if I'm missing something in the facts, but the father passed
>> away more than 180 days after the petition date, so the inheritance is not
>> property of the estate.
>>
>> *************************
>> Mark J. Markus
>> Law Office of Mark J. Markus
>> *Mailing Address Only:*
>> 11684 Ventura Blvd. PMB #403
>> Studio City, CA 91604-2652
>> (818)509-1173 (818)509-1460 (fax)
>> web: http://www.bklaw.com/
>> Certified Bankruptcy Law Specialist--The State Bar of California Board of
>> Legal Specialization
>> This Firm is a Qualified Federal Debt Relief Agency
>> ________________________________________________
>> NOTICE: This Electronic Message contains information from the law office
>> of Mark J. Markus that may be privileged. The information is intended for
>> the use of the addressee only. If you are not the addressee, note that any
>> disclosure, copy, distribution or use of the contents of this message is
>> prohibited.
>> IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed
>> by the IRS, we inform you that any U.S. tax advice contained in this
>> communication (or in any attachment) is not intended or written to be used,
>> and cannot be used, for the purpose of (i) avoiding penalties under the
>> Internal Revenue Code or (ii) promoting, marketing or recommending to
>> another party any transaction or matter addressed in this communication.
>> On 4/29/2014 7:01 PM, Christine Wilton wrote:
>>
>> Timeline:
>>
>>
>> Voluntary Petition Filed: 09/13/2012
>>
>> Chapter 7 Discharge 12/31/2012
>>
>> Father deceased November, 2013
>>
>>
>>
>> 1. Is debtor's duty to disclose [assets/liabilities] renewed if BK case
>> is reopened (and not reopened for a particular purpose)?
>>
>>
>> *At the time of filing, Debtor had a future interest in the estate of
>> her parents [Will only]
>>
>>
>> My research indicates that debtor had a duty to disclose [if had
>> knowledge] of being a potential beneficiary to dad's estate under
>> 541(a)(5); and Rule 1007(h).
>>
>>
>> However, the question is, are there additional duties of the debtor, IF
>> case is reopened?
>>
>>
>> 2. How long after discharge can trustee go after assets that were not
>> listed on Petition (inheritance that became vested 11 months after
>> discharge)?
>>
>> Thank you in advance for your time.
>>
>> --
>> Christine A. Wilton, Esq.
>> Law Office of Christine A. Wilton
>> 5011 Argosy Avenue, Suite 3
>> Huntington Beach, CA 92649
>>
>> Office: 714-533-9210
>> Fax: 714-489-8150
>> Email: attorneychristine@gmail.com
>> Web: www.attorneychristine.com
>> Blog: www.losangelesbankruptcylawmonitor.com
>> ***************************
>> Confidentiality and Privilege. This e-mail message, including
>> attachments, is intended solely for review by the intended recipient(s) and
>> may contain confidential and privileged information. Any unauthorized
>> review, use, disclosure, or distribution is prohibited. Review by anyone
>> other than the intended recipient(s) shall not constitute a waiver of any
>> ATTORNEY-CLIENT PRIVILEGE or ATTORNEY WORK PRODUCT PROTECTION that may
>> apply to this communication. If you are not the intended recipient, please
>> contact the sender by return e-mail and destroy all copies of the original
>> message.
>>
>> Tax Advice Disclosure. Any tax information or written tax advice
>> contained in this email message, including attachments, is not intended to
>> and cannot be used by any taxpayer for the purpose of avoiding tax
>> penalties that may be imposed on the taxpayer. (The foregoing legend has
>> been affixed pursuant to U.S. Treasury Regulations governing tax practice.)
>>
>>
>>
>
>
> --
> Christine A. Wilton, Esq.
> Law Office of Christine A. Wilton
> 5011 Argosy Avenue, Suite 3
> Huntington Beach, CA 92649
>
> Office: 714-533-9210
> Fax: 714-489-8150
> Email: attorneychristine@gmail.com
> Web: www.attorneychristine.com
> Blog: www.losangelesbankruptcylawmonitor.com
> ***************************
> Confidentiality and Privilege. This e-mail message, including attachments,
> is intended solely for review by the intended recipient(s) and may contain
> confidential and privileged information. Any unauthorized review, use,
> disclosure, or distribution is prohibited. Review by anyone other than the
> intended recipient(s) shall not constitute a waiver of any ATTORNEY-CLIENT
> PRIVILEGE or ATTORNEY WORK PRODUCT PROTECTION that may apply to this
> communication. If you are not the intended recipient, please contact the
> sender by return e-mail and destroy all copies of the original message.
>
> Tax Advice Disclosure. Any tax information or written tax advice contained
> in this email message, including attachments, is not intended to and cannot
> be used by any taxpayer for the purpose of avoiding tax penalties that may
> be imposed on the taxpayer. (The foregoing legend has been affixed pursuant
> to U.S. Treasury Regulations governing tax practice.)
>
>
>
>
Christine A. Wilton, Esq.
Law Office of Christine A. Wilton
5011 Argosy Avenue, Suite 3
Huntington Beach, CA 92649
Office: 714-533-9210
Fax: 714-489-8150
Email: attorneychristine@gmail.com
Web: www.attorneychristine.com
Blog: www.losangelesbankruptcylawmonitor.com
***************************
Confidentiality and Privilege. This e-mail message, including attachments,
is intended solely for review by the intended recipient(s) and may contain
confidential and privileged information. Any unauthorized review, use,
disclosure, or distribution is prohibited. Review by anyone other than the
intended recipient(s) shall not constitute a waiver of any ATTORNEY-CLIENT
PRIVILEGE or ATTORNEY WORK PRODUCT PROTECTION that may apply to this
communication. If you are not the intended recipient, please contact the
sender by return e-mail and destroy all copies of the original message.
Tax Advice Disclosure. Any tax information or written tax advice contained
in this email message, including attachments, is not intended to and cannot
be used by any taxpayer for the purpose of avoiding tax penalties that may
be imposed on the taxpayer. (The foregoing legend has been affixed pursuant
to U.S. Treasury Regulations governing tax practice.)
Thank YOU all....confirmed my thinking.On Wed, Apr 30, 2014 at 10:39 AM, Mark J. Markus <bklawr@yahoo.com> wrote:
Correct.
*************************
Mark J. Markus
Law Office of Mark J. Markus
Mailing Address Only:
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
The post was migrated from Yahoo.
I get that Mark. Just wondering if reopening the case gives rise to any
duties on debtor's part....
I understand that the petition and other required docs are a "snapshot" of
debtor's financial affairs at the time of filing. So, the reopening of the
case does not change this. Correct?
On Tue, Apr 29, 2014 at 8:46 PM, Mark J. Markus wrote:
>
>
> Not sure if I'm missing something in the facts, but the father passed away
> more than 180 days after the petition date, so the inheritance is not
> property of the estate.
>
> *************************
> Mark J. Markus
> Law Office of Mark J. Markus
> *Mailing Address Only:*
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2652
> (818)509-1173 (818)509-1460 (fax)
> web: http://www.bklaw.com/
> Certified Bankruptcy Law Specialist--The State Bar of California Board of
> Legal Specialization
> This Firm is a Qualified Federal Debt Relief Agency
> ________________________________________________
> NOTICE: This Electronic Message contains information from the law office
> of Mark J. Markus that may be privileged. The information is intended for
> the use of the addressee only. If you are not the addressee, note that any
> disclosure, copy, distribution or use of the contents of this message is
> prohibited.
> IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by
> the IRS, we inform you that any U.S. tax advice contained in this
> communication (or in any attachment) is not intended or written to be used,
> and cannot be used, for the purpose of (i) avoiding penalties under the
> Internal Revenue Code or (ii) promoting, marketing or recommending to
> another party any transaction or matter addressed in this communication.
> On 4/29/2014 7:01 PM, Christine Wilton wrote:
>
> Timeline:
>
>
> Voluntary Petition Filed: 09/13/2012
>
> Chapter 7 Discharge 12/31/2012
>
> Father deceased November, 2013
>
>
>
> 1. Is debtor's duty to disclose [assets/liabilities] renewed if BK case
> is reopened (and not reopened for a particular purpose)?
>
>
> *At the time of filing, Debtor had a future interest in the estate of
> her parents [Will only]
>
>
> My research indicates that debtor had a duty to disclose [if had
> knowledge] of being a potential beneficiary to dad's estate under
> 541(a)(5); and Rule 1007(h).
>
>
> However, the question is, are there additional duties of the debtor, IF
> case is reopened?
>
>
> 2. How long after discharge can trustee go after assets that were not
> listed on Petition (inheritance that became vested 11 months after
> discharge)?
>
> Thank you in advance for your time.
>
> --
> Christine A. Wilton, Esq.
> Law Office of Christine A. Wilton
> 5011 Argosy Avenue, Suite 3
> Huntington Beach, CA 92649
>
> Office: 714-533-9210
> Fax: 714-489-8150
> Email: attorneychristine@gmail.com
> Web: www.attorneychristine.com
> Blog: www.losangelesbankruptcylawmonitor.com
> ***************************
> Confidentiality and Privilege. This e-mail message, including attachments,
> is intended solely for review by the intended recipient(s) and may contain
> confidential and privileged information. Any unauthorized review, use,
> disclosure, or distribution is prohibited. Review by anyone other than the
> intended recipient(s) shall not constitute a waiver of any ATTORNEY-CLIENT
> PRIVILEGE or ATTORNEY WORK PRODUCT PROTECTION that may apply to this
> communication. If you are not the intended recipient, please contact the
> sender by return e-mail and destroy all copies of the original message.
>
> Tax Advice Disclosure. Any tax information or written tax advice contained
> in this email message, including attachments, is not intended to and cannot
> be used by any taxpayer for the purpose of avoiding tax penalties that may
> be imposed on the taxpayer. (The foregoing legend has been affixed pursuant
> to U.S. Treasury Regulations governing tax practice.)
>
>
>
>
Christine A. Wilton, Esq.
Law Office of Christine A. Wilton
5011 Argosy Avenue, Suite 3
Huntington Beach, CA 92649
Office: 714-533-9210
Fax: 714-489-8150
Email: attorneychristine@gmail.com
Web: www.attorneychristine.com
Blog: www.losangelesbankruptcylawmonitor.com
***************************
Confidentiality and Privilege. This e-mail message, including attachments,
is intended solely for review by the intended recipient(s) and may contain
confidential and privileged information. Any unauthorized review, use,
disclosure, or distribution is prohibited. Review by anyone other than the
intended recipient(s) shall not constitute a waiver of any ATTORNEY-CLIENT
PRIVILEGE or ATTORNEY WORK PRODUCT PROTECTION that may apply to this
communication. If you are not the intended recipient, please contact the
sender by return e-mail and destroy all copies of the original message.
Tax Advice Disclosure. Any tax information or written tax advice contained
in this email message, including attachments, is not intended to and cannot
be used by any taxpayer for the purpose of avoiding tax penalties that may
be imposed on the taxpayer. (The foregoing legend has been affixed pursuant
to U.S. Treasury Regulations governing tax practice.)
I get that Mark. Just wondering if reopening the case gives rise to any duties on debtor's part....I understand that the petition and other required docs are a "snapshot" of debtor's financial affairs at the time of filing. So, the reopening of the case does not change this. Correct?
On Tue, Apr 29, 2014 at 8:46 PM, Mark J. Markus <bklawr@yahoo.com> wrote:
Not sure if I'm
missing something in the facts, but the father passed away more
than 180 days after the petition date, so the inheritance is not
property of the estate.
*************************
Mark J. Markus
Law Office of Mark J. Markus
Mailing Address Only:
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
The post was migrated from Yahoo.
Timeline:
Voluntary Petition Filed: 09/13/2012
Chapter 7 Discharge 12/31/2012
Father deceased November, 2013
1. Is debtor's duty to disclose [assets/liabilities] renewed if BK case is
reopened (and not reopened for a particular purpose)?
*At the time of filing, Debtor had a future interest in the estate of her
parents [Will only]
My research indicates that debtor had a duty to disclose [if had knowledge]
of being a potential beneficiary to dad's estate under 541(a)(5); and Rule
1007(h).
However, the question is, are there additional duties of the debtor, IF
case is reopened?
2. How long after discharge can trustee go after assets that were not
listed on Petition (inheritance that became vested 11 months after
discharge)?
Thank you in advance for your time.
Christine A. Wilton, Esq.
Law Office of Christine A. Wilton
5011 Argosy Avenue, Suite 3
Huntington Beach, CA 92649
Office: 714-533-9210
Fax: 714-489-8150
Email: attorneychristine@gmail.com
Web: www.attorneychristine.com
Blog: www.losangelesbankruptcylawmonitor.com
***************************
Confidentiality and Privilege. This e-mail message, including attachments,
is intended solely for review by the intended recipient(s) and may contain
confidential and privileged information. Any unauthorized review, use,
disclosure, or distribution is prohibited. Review by anyone other than the
intended recipient(s) shall not constitute a waiver of any ATTORNEY-CLIENT
PRIVILEGE or ATTORNEY WORK PRODUCT PROTECTION that may apply to this
communication. If you are not the intended recipient, please contact the
sender by return e-mail and destroy all copies of the original message.
Tax Advice Disclosure. Any tax information or written tax advice contained
in this email message, including attachments, is not intended to and cannot
be used by any taxpayer for the purpose of avoiding tax penalties that may
be imposed on the taxpayer. (The foregoing legend has been affixed pursuant
to U.S. Treasury Regulations governing tax practice.)
Timeline:Voluntary Petition Filed: 09/13/2012Chapter 7 Discharge 12/31/2012
Father deceased November, 20131. Is debtor's duty to disclose [assets/liabilities] renewed if BK case is
reopened (and not reopened for a particular purpose)?*At the time of filing, Debtor had a future interest in the estate of her parents [Will only]
My research indicates that debtor had a duty to disclose [if had
knowledge] of being a potential beneficiary to dad's estate under
541(a)(5); and Rule 1007(h).However, the question is, are there additional duties of the debtor, IF case is reopened?
2. How long after discharge can trustee go after assets that
were not listed on Petition (inheritance that became vested 11 months after
discharge)?Thank you in advance for your time.-- Christine A. Wilton, Esq.Law Office of Christine A. Wilton5011 Argosy Avenue, Suite 3
Huntington Beach, CA 92649Office: 714-533-9210Fax: 714-489-8150Email: attorneychristine@gmail.comWeb: www.attorneychristine.com
Blog:
The post was migrated from Yahoo.