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Procedure for Ensuring Venue
I would still wait for case closing, play it safe, because of automatic stay.
wrote:
>
> Hi Lou,
>
> Single trustee, has filed "no asset" reports in both cases.
> Kenneth Jay Schwartz, Esq.
> LAW OFFICE OF KENNETH JAY SCHWARTZ
> 21031 Ventura Boulevard, 12th Floor
> Woodland Hills, California 91364-2203
> Telephone: (818) 226-1205
> Facsimile: (818) 226-1213
>
>
>
>
> THE INFORMATION CONTAINED IN THIS E-MAIL IS INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF THE DESIGNATED RECIPIENT(S) NAMED ABOVE. THIS MESSAGE MAY BE AN ATTORNEY-CLIENT COMMUNICATION, AND, AS SUCH, IS PRIVILEGED AND CONFIDENTIAL. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR AN AGENT RESPONSIBLE FOR DELIVERING IT TO THE DESIGNATED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT YOU HAVE RECEIVED THIS E-MAIL IN ERROR, AND THAT ANY REVIEW, DISSEMINATION, DISTRIBUTION OR COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY. THANK YOU.
>
>
>
>
> ________________________________
> To: cdcbaa@yahoogroups.com
> Sent: Sat, January 23, 2010 11:26:44 AM
> Subject: [cdcbaa] Re: Procedure for Ensuring Venue
>
>
> Ken,
>
> Hold on! You cannot file the LLC case while the individual members are in bankruptcy as the membership interest is property of the chapter 7 estate, under the control of the trustee, which leaves the individual members without authority to act on behalf of the LLC to file its own bankruptcy.
>
> The balance of the issue as to venue is moot or at least delayed until the trustees file no asset reports and the cases are closed.
>
> Lou Esbin
>
> --- In cdcbaa@yahoogroups. com, "kennethjschwartz" wrote:
> >
> > I have clients who each are in their own Chapter 7 cases in Woodland Hills, that now want to put their LLC into its own 7. The LLC is in Santa Clarita (based out of the individuals' residence), so venue would ordinarily now be downtown. When I electronically file the LLC's case, is there a way to have the case be filed in Woodland Hills, or are there other steps that have to be taken to accomplish this?
> >
>
The post was migrated from Yahoo.
Hi Lou,
Single trustee, has filed "no asset" reports in both cases.
Kenneth Jay Schwartz, Esq.
LAW OFFICE OF KENNETH JAY SCHWARTZ
21031 Ventura Boulevard, 12th Floor
Woodland Hills, California 91364-2203
Telephone: (818) 226-1205
Facsimile: (818) 226-1213
THE INFORMATION CONTAINED IN THIS E-MAIL IS INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF THE DESIGNATED RECIPIENT(S) NAMED ABOVE. THIS MESSAGE MAY BE AN ATTORNEY-CLIENT COMMUNICATION, AND, AS SUCH, IS PRIVILEGED AND CONFIDENTIAL. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR AN AGENT RESPONSIBLE FOR DELIVERING IT TO THE DESIGNATED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT YOU HAVE RECEIVED THIS E-MAIL IN ERROR, AND THAT ANY REVIEW, DISSEMINATION, DISTRIBUTION OR COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY. THANK YOU.
________________________________
To: cdcbaa@yahoogroups.com
Sent: Sat, January 23, 2010 11:26:44 AM
Subject: [cdcbaa] Re: Procedure for Ensuring Venue
Ken,
Hold on! You cannot file the LLC case while the individual members are in bankruptcy as the membership interest is property of the chapter 7 estate, under the control of the trustee, which leaves the individual members without authority to act on behalf of the LLC to file its own bankruptcy.
The balance of the issue as to venue is moot or at least delayed until the trustees file no asset reports and the cases are closed.
Lou Esbin
wrote:
>
> I have clients who each are in their own Chapter 7 cases in Woodland Hills, that now want to put their LLC into its own 7. The LLC is in Santa Clarita (based out of the individuals' residence), so venue would ordinarily now be downtown. When I electronically file the LLC's case, is there a way to have the case be filed in Woodland Hills, or are there other steps that have to be taken to accomplish this?
>
Hi Lou,Single trustee, has filed "no asset" reports in both cases. Kenneth Jay Schwartz, Esq.LAW OFFICE OF KENNETH JAY SCHWARTZ21031 Ventura Boulevard, 12th FloorWoodland Hills, California 91364-2203Telephone: (818) 226-1205Facsimile: (818) 226-1213THE INFORMATION CONTAINED IN THIS E-MAIL IS INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF THE DESIGNATED RECIPIENT(S) NAMED ABOVE. THIS MESSAGE MAY BE AN ATTORNEY-CLIENT COMMUNICATION, AND, AS SUCH, IS PRIVILEGED AND CONFIDENTIAL. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR AN AGENT RESPONSIBLE FOR DELIVERING IT TO THE DESIGNATED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT YOU HAVE RECEIVED THIS E-MAIL IN ERROR, AND THAT
ANY REVIEW, DISSEMINATION, DISTRIBUTION OR COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY. THANK YOU.From: californiadebtreliefagency <Esbinlaw@sbcglobal.net>To: cdcbaa@yahoogroups.comSent: Sat, January 23, 2010 11:26:44 AMSubject: [cdcbaa] Re: Procedure for Ensuring Venue
Ken,
Hold on! You cannot file the LLC case while the individual members are in bankruptcy as the membership interest is property of the chapter 7 estate, under the control of the trustee, which leaves the individual members without authority to act on behalf of the LLC to file its own bankruptcy.
The balance of the issue as to venue is moot or at least delayed until the trustees file no asset reports and the cases are closed.
Lou Esbin
et"_blank" href"mailto:cdcbaa%40yahoogroups.com">cdcbaa@yahoogroups. com, "kennethjschwartz" <kennethjschwartz@ ...> wrote:
>
> I have clients who each are in their own Chapter 7 cases in Woodland Hills, that now want to put their LLC into its own 7. The LLC is in Santa Clarita (based out of the individuals' residence), so venue would ordinarily now be downtown. When I electronically file the LLC's case, is there a way to have the case be filed in Woodland Hills, or are there other steps that have to be taken to accomplish this?
>
The post was migrated from Yahoo.
Ken,
Hold on! You cannot file the LLC case while the individual members are in bankruptcy as the membership interest is property of the chapter 7 estate, under the control of the trustee, which leaves the individual members without authority to act on behalf of the LLC to file its own bankruptcy.
The balance of the issue as to venue is moot or at least delayed until the trustees file no asset reports and the cases are closed.
Lou Esbin
ote:
>
> I have clients who each are in their own Chapter 7 cases in Woodland Hills, that now want to put their LLC into its own 7. The LLC is in Santa Clarita (based out of the individuals' residence), so venue would ordinarily now be downtown. When I electronically file the LLC's case, is there a way to have the case be filed in Woodland Hills, or are there other steps that have to be taken to accomplish this?
>
The post was migrated from Yahoo.
I have clients who each are in their own Chapter 7 cases in Woodland Hills, that now want to put their LLC into its own 7. The LLC is in Santa Clarita (based out of the individuals' residence), so venue would ordinarily now be downtown. When I electronically file the LLC's case, is there a way to have the case be filed in Woodland Hills, or are there other steps that have to be taken to accomplish this?
The post was migrated from Yahoo.