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Do I need to reopen case for filing omitted creditor =
Or sue in state court.
Very truly yours,
Shai Oved
The Law Offices of Shai Oved
7445 Topanga Cyn. Blvd., Suite 220
Canoga Park, California 91303
Tel: (818) 992-6588
Fax: (818) 992-6511
Email: ssoesq@aol.com
www.shaioved.com
________________
The information contained in this email is intended only for the individual or entity named above and may contain attorney privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copy of this communication is strictly prohibited. If you received this communication in error, please immediately notify us by the telephone number above and return any hard copies to us via the postal service.. The Law Offices of Shai Oved is a debt relief agency which helps people file for bankruptcy under the Bankruptcy Code. Shai Oved is a Certified Bankruptcy Law Specialist by The State Bar of California Board of Legal Specialization.
Sent from my iPhone
> On Feb 15, 2019, at 2:47 PM, 'Steven B. Lever' sblever@leverlaw.com [cdcbaa] wrote:
>
> Thank you for the responses and the very illuminating tentative decision.
>
>
>
> So my takeaway:
>
>
>
> Yes to having to have an AP
> Maybe no on reopening
>
>
> Thank you
>
>
>
> Steve Lever
>
>
>
> Sent: Friday, February 15, 2019 2:12 PM
> To: cdcbaa@yahoogroups.com
> Subject: Re: [cdcbaa] Do I need to reopen case for filing omitted creditor and prosecuting 523(a)(2) action [1 Attachment]
>
>
>
>
>
> [Attachment(s) from ssoesq@aol.com included below]
>
> Judge Mund (on recall) appeared at an MCLE function for the San Fernando Valley Bar Association and maintains that state courts have concurrent jurisdiction to determine such claims.
>
>
>
> In her tentative decision on whether to re-open or not, she addresses. It is attached. I have not seen the underlying briefs but apparently they did not layout well enough if/whether the omitted creditor had any notice in time to file a timely complaint. She did reopen which is administrative in nature. I believe you can file a complaint (for an unlisted creditor) without reopening -also noted in the tentative.
>
>
>
> What I didn't get a chance to ask Judge Mund is - whether the fraudulent transfer action was property of the estate, which raises another set of issues. Good luck.
>
> Very truly yours,
>
> Shai Oved
>
> The Law Offices of Shai Oved
>
> 7445 Topanga Cyn. Blvd., Suite 220
>
> Canoga Park, California 91303
>
> Tel: (818) 992-6588
>
> Fax: (818) 992-6511
>
> Email: ssoesq@aol.com
>
> www.shaioved.com
>
> ________________
>
> The information contained in this email is intended only for the individual or entity named above and may contain attorney privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copy of this communication is strictly prohibited. If you received this communication in error, please immediately notify us by the telephone number above and return any hard copies to us via the postal service.. The Law Offices of Shai Oved is a debt relief agency which helps people file for bankruptcy under the Bankruptcy Code. Shai Oved is a Certified Bankruptcy Law Specialist by The State Bar of California Board of Legal Specialization.
>
>
>
> -----Original Message-----
ps.com>
> To: cdcbaa
> Sent: Fri, Feb 15, 2019 2:00 pm
> Subject: Re: [cdcbaa] Do I need to reopen case for filing omitted creditor and prosecuting 523(a)(2) action
>
>
>
> Steve, I just did reopened a case for an omitted creditor to be able to file a 523(A0(2) fraud adversary proceeding with Judge Albert (the state court action is stayed). He granted it on that basis. I think I could have saved a step by just filing the adversary proceeding but I did not want to take a chance as the case was 8 years old. My problem now is an SOL issue to keep the adversary proceeding alive.
>
>
>
> Craig
>
>
>
> Craig J. Beauchamp, Esq.
>
> Attorney at Law
>
> 1502 N. Main Street
>
> Santa Ana, CA 92701
>
> Mailing Address
>
> PO Box 25857
>
> Santa Ana, CA 92799
>
> (949) 689-9709 direct line
>
> (714) 835-5763 fax
>
> Legallycraig@gmail.com
>
>
>
> NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept notice for Ex Parte Applications via voicemail or by email. You must comply with California Law and give notice to a person in my office during regular business hours.
>
>
>
> General Practice: Civil Litigation, Real Estate, Wills and Trusts, and Bankruptcy law.
>
>
>
> IMPORTANT NOTICE required by 11 U.S.C.. 528: We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
>
> CONFIDENTIALITY STATEMENT: This message contains privileged and confidential information and is intended only for the individual named. If you are not the intended recipient you should not disseminate, distribute, store, print, copy or deliver this message. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system.
>
>
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>
>
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>
> Virus-free. www.avast.com
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>
>
> On Fri, Feb 15, 2019 at 12:21 PM 'Steven B. Lever' sblever@leverlaw.com [cdcbaa] wrote:
>
>
>
> I am trying to decide if I need to reopen the Chapter 7 case for an omitted creditor who wants to file a nondischargeability action for fraud under 11 U.S.C. 523(a)(2).
>
>
>
> The case was pending in state court as a contract action, but the complaint is being amended to one under fraud. We would like to litigate the dischargeability issue in state court.
>
>
>
> However, while Beezley says you dont have to reopen a case to list an omitted creditor, it says nothing about whether you have to start an adversary proceeding if youre alleging fraud. And there are cases that say for this type of action the bankruptcy court has exclusive jurisdiction. Nothing I know of says thats unnecessary with an omitted creditor.
>
>
>
> Can I please have an opinion or two as to whether I need to reopen the bankruptcy case and start an adversary proceeding, even if the bankruptcy court allows us to litigate in state court?
>
>
>
> Thank you
>
>
>
> Steve Lever
>
>
>
>
>
> Law Offices of Steven B. Lever
>
>
>
> Steven B. Lever
>
> ( Tel. (562) 436-5456 ext. 1
>
> ( Fax (562) 485-6886
>
> * sblever@leverlaw.com
>
> www.leverlaw.com
>
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> sender immediately and delete it. Thank you..
>
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The post was migrated from Yahoo.
On the SOL issue take a look at Banks, 263 F.3d 862 (9th Cir. 2001).
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To: cdcbaa
Sent: Fri, Feb 15, 2019 2:00 pm
Subject: Re: [cdcbaa] Do I need to reopen case for filing omitted creditor and prosecuting 523(a)(2) action
Steve, I just did reopened a case for an omitted creditor to be able to file a 523(A0(2) fraud adversary proceeding with Judge Albert (the state court action is stayed). He granted it on that basis. I think I could have saved a step by just filing the adversary proceeding but I did not want to take a chance as the case was 8 years old. My problem now is an SOL issue to keep the adversary proceeding alive.
Craig
Craig J. Beauchamp, Esq.Attorney at Law1502 N. Main StreetSanta Ana, CA 92701Mailing Address
PO Box 25857Santa Ana, CA 92799(949) 689-9709 direct line(714) 835-5763NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not acceptnotice forEx ParteApplications via voicemail or by email. You must comply with California Law and give notice to a person in my office during regular business hours.
General Practice: Civil Litigation, Real Estate, Wills and Trusts, and Bankruptcy law.
IMPORTANT NOTICE required by 11 U.S.C. 528:We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
CONFIDENTIALITY STATEMENT: This message contains privileged and confidential information and is intended only for the individual named. If you are not the intended recipient you should not disseminate, distribute, store, print, copy or deliver this message. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system.
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On Fri, Feb 15, 2019 at 12:21 PM 'Steven B. Lever' sblever@leverlaw.com [cdcbaa] wrote:
I am trying to decide if I need to reopen the Chapter 7 case for an omitted creditor who wants to file a nondischargeability action for fraud under 11 U.S.C. 523(a)(2).
The case was pending in state court as a contract action, but the complaint is being amended to one under fraud. We would like to litigate the dischargeability issue in state court.
However, while Beezley says you dont have to reopen a case to list an omitted creditor, it says nothing about whether you have to start an adversary proceeding if youre alleging fraud. And there are cases that say for this type of action the bankruptcy court has exclusive jurisdiction. Nothing I know of says thats unnecessary with an omitted creditor.
Can I please have an opinion or two as to whether I need to reopen the bankruptcy case and start an adversary proceeding, even if the bankruptcy court allows us to litigate in state court?
Thank you
Steve Lever
Law Offices of Steven B. Lever
Steven B. Lever
(Tel. (562) 436-5456 ext. 1
(Fax (562) 485-6886
*sblever@leverlaw.com
******************************************************
This Internet e-mail contains confidential information
which is intended only for the addressee and which may
be privileged under applicable law. Do not read, copy
or disseminate it if you are not the addressee. If you
have received this message in error, please notify the
sender immediately and delete it. Thank you..
******************************************************
| | Virus-free. www.avast.com |
The post was migrated from Yahoo.
Judge Mund (on recall) appeared at an MCLE function for the San Fernando Valley Bar Association and maintains that state courts have concurrent jurisdiction to determine such claims.
In her tentative decision on whether to re-open or not, she addresses.tly they did not layout well enough if/whether the omitted creditor had any notice in time to file a timely complaint. She did reopen which is administrative in nature. I believe you can file a complaint (for an unlisted creditor) without reopening -also noted in the tentative.
What I didn't get a chance to ask Judge Mund is - whether the fraudulent transfer action was property of the estate, which raises another set of issues. Good luck.
Very truly yours,Shai OvedThe Law Offices of Shai Oved7445 Topanga Cyn. Blvd., Suite 220Canoga Park, California 91303.comwww.shaioved.com________________The information contained in this email is intended only for the individual or entity named above and may contain attorney privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copy of this communication is strictly prohibited. If you received this communication in error, please immediately notify us by the telephone number above and return any hard copies to us via the postal service.. The Law Offices of Shai Oved is a debt relief agency which helps people file for bankruptcy under the Bankruptcy Code. Shai Oved isa Certified Bankruptcy Law Specialistby The State Bar of California Board of Legal Specialization.
.com>
To: cdcbaa
Sent: Fri, Feb 15, 2019 2:00 pm
Subject: Re: [cdcbaa] Do I need to reopen case for filing omitted creditor and prosecuting 523(a)(2) action
le to file a 523(A0(2) fraud adversary proceeding with Judge Albert (the state court action is stayed). He granted it on that basis. I think I could have saved a step by just filing the adversary proceeding but I did not want to take a chance as the case was 8 years old. My problem now is an SOL issue to keep the adversary proceeding alive.
Craig
Craig J. Beauchamp, Esq.Attorney at Law1502 N. Main StreetSanta Ana, CA 92701Mailing Address
PO Box 25857Santa Ana, CA 92799(949) 689-9709 direct line(714) 835-5763NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not acceptnotice forEx ParteApplications via voicemail or by email. You must comply with California Law and give notice to a person in my office during regular business hours.
General Practice: Civil Litigation, Real Estate, Wills and Trusts, and Bankruptcy law.
IMPORTANT NOTICE required by 11 U.S.C. 528:We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
CONFIDENTIALITY STATEMENT: This message contains privileged and confidential information and is intended only for the individual named. If you are not the intended recipient you should not disseminate, distribute, store, print, copy or deliver this message. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system.
| | Virus-free. www.avast.com |
On Fri, Feb 15, 2019 at 12:21 PM 'Steven B. Lever' sblever@leverlaw.com [cdcbaa] wrote:
I am trying to decide if I need to reopen the Chapter 7 case for an omitted creditor who wants to file a nondischargeability action for fraud under 11 U.S.C. 523(a)(2).The case was pending in state court as a contract action, but the complaint is being amended to one under fraud. We would like to litigate the dischargeability issue in state court.However, while Beezley says you dont have to reopen a case to list an omitted creditor, it says nothing about whether you have to start an adversary proceeding if youre alleging fraud. And there are cases that say for this type of action the bankruptcy court has exclusive jurisdiction. Nothing I know of says thats unnecessary with an omitted creditor.Can I please have an opinion or two as to whether I need to reopen the bankruptcy case and start an adversary proceeding, even if the bankruptcy court allows us to litigate in state court?
The post was migrated from Yahoo.