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Chapter 7 341a Examination Via Interrogatories
I agree, very case specific. I was able to use interrogatories in two situations.
1. Client was in the hospital dying of cancer.
2. Client moved to Florida and was pregnant and had medical orders not to travel.
In both cases we had to jump through some hoops but was accomplished.
If the person can travel an not on active military duty then you can figure attendance will be required. Furthermore, as the Attorney it is our duty to so inform the clients of this fact. I put that in my retainer agreement and the must initial it.
Jonathan Leventhal, Esq..
Leventhal Law Group, P.C.
818-347-5800
NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice for ex parte Applications via voicemail or by email.
This email and any attachments thereto may contain private, confidential, and privileged material for the sole use of the intended recipient. Any review, copying, or distribution of this email (or any attachments thereto) by others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and permanently delete the original and any copies of this email and any attachments thereto.
Leventhal Law Group, P.C. is a Debt Relief Agency under federal law.
Note: The Leventhal Law Group, P.C. does not represent you until a written fee agreement has been signed by you and a representative of the Leventhal Law Group, P.C. and all fees listed in the agreement have been paid.
Date:12/12/2014 3:07 PM (GMT-08:00)
To: cdcbaa@yahoogroups.com
Subject: RE: [cdcbaa] Chapter 7 341a Examination Via Interrogatories
My experience is that it's case-specific. I once was able to procure a written 341a exam for a debtor with agorophobia (which we all know is acute fear of being adjacent to Calabasas). We had to show medical evidence for support, and it was an otherwise routine no-asset elderly pensioner case.
Hale
________________________________
Sent: Friday, December 12, 2014 3:00 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Chapter 7 341a Examination Via Interrogatories
I agree. Back in the day I convinced the OUST to allow examination by written interrogatory at a US Embassy wherever the debtor was, but I started running into more resistance about 15 years ago and so unless the debtor is on active duty in the military or something like that, they need to physically appear.
*************************
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)332-1180 (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 12/12/2014 11:52 AM, John Faucher j.d.faucher@sbcglobal.net [cdcbaa] wrote:
What Giovanni said.
On Friday, December 12, 2014 10:48 AM, "Giovanni Orantes go@gobklaw.com [cdcbaa]" wrote:
I think the default is that it is NOT allowed except in extreme circumstances. I've dealt with this situation and the USTm Chapter 7 Trustee and even the Judge said my client had to be here. If he wanted the benefit of invoking U.S. laws, he had to make the trip for the 341(a) meeting.
On Fri, Dec 12, 2014 at 1:58 AM, mike@cheklaw.com [cdcbaa] wrote:
Members,
Do most of the Los Angeles Chapter 7 trustees allow the meeting of creditors debtor examination live appearance to be waived (in lieu of examination by written interrogatories) where it can be established the debtor lives overseas and cannot afford to travel to the meeting of creditors?
Thanks in advance,
Michael Chekian, Esq.
Certified Bankruptcy Law Specialist
California State Bar
Chekian Law Office
11400 W. Olympic Blvd. #200
Los Angeles, CA 90064
(310) 390-5529 Telephone
(310) 451-0739 Facsimile
e-mail: mike@cheklaw.com
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 agree, very case specific. I was able to use interrogatories in two situations.
1. Client was in the hospital dying of cancer.
2. Client moved to Florida and was pregnant and had medical orders not to travel.
In both cases we had to jump through some hoops but was accomplished.
If the person can travel an not on active military duty then you can figure attendance will be required. Furthermore, as the Attorney it is our duty to so inform the clients of this fact. I put that in my retainer agreement and the must initial it.
Jonathan Leventhal, Esq..
Leventhal Law Group, P.C.
818-347-5800
NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice for ex parte Applications via voicemail or by email.
This email and any attachments thereto may contain private, confidential, and privileged material for the sole use of the intended recipient. Any review, copying, or distribution of this email (or any attachments thereto) by others is strictly prohibited.
If you are not the intended recipient, please contact the sender immediately and permanently delete the original and any copies of this email and any attachments thereto.
Leventhal Law Group, P.C. is a Debt Relief Agency under federal law.
Note: The Leventhal Law Group, P.C. does not represent you until a written fee agreement has been signed by you and a representative of the Leventhal Law Group, P.C. and all fees listed in the agreement have been paid.
-------- Original message --------
dcbaa@yahoogroups.com>
Date:12/12/2014 3:07 PM (GMT-08:00)
To: cdcbaa@yahoogroups.com
Subject: RE: [cdcbaa] Chapter 7 341a Examination Via Interrogatories
My experience is that it's case-specific. I once was able to procure a written 341a exam for a debtor with agorophobia (which we all know is acute fear
of being adjacent to Calabasas). We had to show medical evidence for support, and it was an otherwise routine no-asset elderly pensioner case.
Hale
From: cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
Sent: Friday, December 12, 2014 3:00 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Chapter 7 341a Examination Via Interrogatories
I agree. Back in the day I convinced the OUST to allow examination by written interrogatory at a US Embassy wherever the debtor was, but I started running into more resistance about 15 years ago and so unless
the debtor is on active duty in the military or something like that, they need to physically appear.
*************************
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)332-1180 (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 12/12/2014 11:52 AM, John Faucher
j.d.faucher@sbcglobal.net [cdcbaa] wrote:
What Giovanni said.
On Friday, December 12, 2014 10:48 AM, "Giovanni Orantes
go@gobklaw.com [cdcbaa]"
<cdcbaa@yahoogroups.com> wrote:
I think the default is that it is NOT allowed except in extreme circumstances. I've dealt with this situation and the USTm Chapter 7 Trustee and even the Judge said my client had to be here. If he wanted the benefit of invoking U.S. laws,
he had to make the trip for the 341(a) meeting.
On Fri, Dec 12, 2014 at 1:58 AM,
mike@cheklaw.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
Members,
Do most of the Los Angeles Chapter 7 trustees allow the meeting of creditors debtor examination live appearance to be waived (in lieu of examination by written interrogatories) where it can be established the debtor lives overseas and cannot afford
to travel to the meeting of creditors?
Thanks in advance,
Michael Chekian, Esq.
Certified Bankruptcy Law Specialist
California State Bar
Chekian Law Office
11400 W. Olympic Blvd. #200
Los Angeles, CA 90064
(310) 390-5529 Telephone
(310) 451-0739 Facsimile
e-mail:
mike@cheklaw.com
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.
The post was migrated from Yahoo.
My experience is that it's case-specific. I once was able to procure a
written 341a exam for a debtor with agorophobia (which we all know is acute
fear of being adjacent to Calabasas). We had to show medical evidence for
support, and it was an otherwise routine no-asset elderly pensioner case.
Hale
_____
The post was migrated from Yahoo.
What Giovanni said.
On Friday, December 12, 2014 10:48 AM, "Giovanni Orantes go@gobklaw.com [cdcbaa]" wrote:
I think the default is that it is NOT allowed except in extreme circumstances. I've dealt with this situation and the USTm Chapter 7 Trustee and even the Judge said my client had to be here. If he wanted the benefit of invoking U.S. laws, he had to make the trip for the 341(a) meeting.
On Fri, Dec 12, 2014 at 1:58 AM, mike@cheklaw.com [cdcbaa] wrote:
>
>Members,
>
>
>Do most of the Los Angeles Chapter 7 trustees allow the meeting of creditors debtor examination live appearance to be waived (in lieu of examination by written interrogatories) where it can be established the debtor lives overseas and cannot afford to travel to the meeting of creditors?
>
>
>Thanks in advance,
>
>
>Michael Chekian, Esq.
>Certified
Bankruptcy Law Specialist
> California State Bar
>Chekian Law Office
>
>11400 W. Olympic Blvd. #200
>Los Angeles, CA 90064
>(310) 390-5529 Telephone
>(310) 451-0739 Facsimile
>e-mail: mike@cheklaw.com
>
>
>
>
>
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
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.
The post was migrated from Yahoo.
I think the default is that it is NOT allowed except in extreme
circumstances. I've dealt with this situation and the USTm Chapter 7
Trustee and even the Judge said my client had to be here. If he wanted
the benefit of invoking U.S. laws, he had to make the trip for the 341(a)
meeting.
On Fri, Dec 12, 2014 at 1:58 AM, mike@cheklaw.com [cdcbaa] wrote:
>
>
> Members,
>
>
> Do most of the Los Angeles Chapter 7 trustees allow the meeting of
> creditors debtor examination live appearance to be waived (in lieu of
> examination by written interrogatories) where it can be established the
> debtor lives overseas and cannot afford to travel to the meeting of
> creditors?
>
>
> Thanks in advance,
>
>
>
> Michael Chekian, Esq.
>
> *Certified Bankruptcy Law Specialist*
>
> * California State Bar*
>
> Chekian Law Office
>
> 11400 W. Olympic Blvd. #200
>
> Los Angeles, CA 90064
>
> (310) 390-5529 Telephone
>
> (310) 451-0739 Facsimile
>
> e-mail: mike@cheklaw.com
>
>
>
>
>
>
>
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 think the default is that it is NOT allowed except in extreme circumstances. I've dealt with this situation and the USTm Chapter 7 Trustee and even the Judge said my client had to be here. If he wanted the benefit of invoking U.S. laws, he had to make the trip for the 341(a) meeting.
The post was migrated from Yahoo.
This is actually a decision the OUST makes.
Sent from my iPhone
On Dec 12, 2014, at 2:00, "mike@cheklaw.com [cdcbaa]" wrote:
Members,
Do most of the Los Angeles Chapter 7 trustees allow the meeting of creditors debtor examination live appearance to be waived (in lieu of examination by written interrogatories) where it can be established the debtor lives overseas and cannot afford to travel to the meeting of creditors?
Thanks in advance,
Michael Chekian, Esq.
Certified Bankruptcy Law Specialist
California State Bar
Chekian Law Office
11400 W. Olympic Blvd. #200
Los Angeles, CA 90064
(310) 390-5529 Telephone
(310) 451-0739 Facsimile
e-mail: mike@cheklaw.com
This is actually a decision the OUST makes.
Sent from my iPhone
On Dec 12, 2014, at 2:00, "mike@cheklaw.com [cdcbaa]" <cdcbaa@yahoogroups.com> wrote:
Members,
Do most of the Los Angeles Chapter 7 trustees allow the meeting of creditors debtor examination live appearance to be waived (in lieu of examination by written interrogatories) where it can be established the debtor lives overseas and cannot afford
to travel to the meeting of creditors?
Thanks in advance,
Michael Chekian, Esq.
Certified Bankruptcy Law Specialist
California State Bar
Chekian Law Office
11400 W. Olympic Blvd. #200
Los Angeles, CA 90064
(310) 390-5529 Telephone
(310) 451-0739 Facsimile
e-mail:
mike@cheklaw.com
The post was migrated from Yahoo.