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address for petition
Do not suborn prejury. Venue is proper where the principal assets of the debtor are located in the USA, 28 USC 1408, so the bank account gives venue, but the trick is to hand file the case.
Ecf won't take a case with an address outside the district, so you must hand file the case so the clerks can override the system.
The first clerk will balk, but you must ask for a supervisor and have your code with you. I have insisted the clerks file the cases with an address outside the district and by standing my guns, have gotten them to file the cases.
d
Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
> On Jun 12, 2014, at 3:59 PM, "'Mark J. Markus' bklawr@yahoo.com [cdcbaa]" wrote:
>
> Great question. I've filed a bunch of these over the years and always wondered if I could just use my office address for the client. Here are my ramblings on the subject.
>
> Venue is established by the property located in the USA, not the residence, so it shouldn't affect that.
>
> The proper address to put there, of course, is the street address where the debtor resides in the foreign country and then, hopefully, a mailing address in the USA. But that wasn't your question.
>
> I don't know that there is any requirement that the debtor even have a "street address", except that now--due to the advent of ECF--it may be a technological requirement. I've had literally homeless clients before, living out of their cars, but to avoid hassles I usually have them put down the address of a friend (which is usually where they get their mail).
>
> My belief is that you should be able to use your office address for the client's street address (perhaps putting c/o), but as I mentioned, I'm not so sure that's even necessary. You could use your office address as the mailing address for sure.
>
> If you do that, I would attach a sheet that explains why you're using your office address. Worst case scenario is you need to amend the petition.
>
> Hope this helps
>
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> On 6/12/2014 3:49 PM, Giovanni Orantes go@gobklaw.com [cdcbaa] wrote:
>> I have a client who lives overseas but has a judgment against him here in the U.S. and wants to discharge it. He has some money in a bank account in California and still has his California driver's license. However, he does not currently have a residence in the U.S. He would travel here for the 341(a) meeting etc. Does anybody see any problems letting him use my office address for the petition.
>>
>> --
>> Giovanni Orantes, Esq.*
>> Orantes Law Firm, P.C.
>> 3435 Wilshire Blvd. Suite 2920
>> Los Angeles, CA 90010
>> Tel: (213) 389-4362
>> Fax: (877) 789-5776
>> e-mail: go@gobklaw.com
>> website: www.gobklaw.com
>>
>> *Board Certified - Business Bankruptcy Law - American Board of Certification
>> *Board Certified - Consumer Bankruptcy Law - American Board of Certification
>> Commercial Litigation
>> Estate Planning
>> Outside General Counsel
>>
>> WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
>>
>> SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
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>> IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended 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 herein.
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I tried that once in similar circumstances and the judge was very unhappy with me about it.
Vernon L. Ellicott, Esq.
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The post was migrated from Yahoo.
I have a client who lives overseas but has a judgment against him here in
the U.S. and wants to discharge it. He has some money in a bank account in
California and still has his California driver's license. However, he does
not currently have a residence in the U.S. He would travel here for the
341(a) meeting etc. Does anybody see any problems letting him use my
office address for the petition.
Giovanni Orantes, Esq.*
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 2920
Los Angeles, CA 90010
Tel: (213) 389-4362
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
*Board Certified - Business Bankruptcy Law - American Board of Certification
*Board Certified - Consumer Bankruptcy Law - American Board of Certification
Commercial Litigation
Estate Planning
Outside General Counsel
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
Note: The information contained in this e-mail message is confidential
information intended only for the use of the individual or entity named. If
the reader of this message is not the intended recipient or an agent
responsible for delivering it to the intended recipient, you are hereby
notified that any dissemination, distribution or copy of this communication
is strictly prohibited. If you have received this communication in error,
please immediately notify us by telephone or e-mail and delete the original
e-mail at (213) 389-4362 or (888) 619-8222.
IRS Circular 230 Disclosure: In order to comply with requirements imposed
by the Internal Revenue Service, we inform you that any U.S. tax advice
contained in this communication (including any attachments) is not intended
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 herein.
I have a client who lives overseas but has a judgment against him here in the U.S. and wants to discharge it. He has some money in a bank account in California and still has his California driver's license. However, he does not currently have a residence in the U.S. ee any problems letting him use my office address for the petition.
-- Giovanni Orantes, Esq.*Orantes Law Firm, P.C.3435 Wilshire Blvd. Suite 2920Los Angeles, CA 90010Tel: (213) 389-4362Fax: (877) 789-5776e-mail:
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