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Discharge of Post Petition Rent for Commercial Space
Hi Ken:
Sorry I did not reply earlier. I am going through and cleaning up my emails and noticed this. The postpetition rent is a debt that is post petition. Postpetition debt is not discharged in a Chapter 7
Catherine.
Law Office of Catherine Christiansen
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________________________________
To: cdcbaa@yahoogroups.com
Sent: Tuesday, December 20, 2011 4:28 PM
Subject: Re: [cdcbaa] Discharge of Post Petition Rent for Commercial Space
Catherine, other than perhaps on a quantum meruit basis, what do you base your opinion that he will be responsible for post-petition rent?
LAW OFFICE OF KENNETH JAY SCHWARTZ
21031 Ventura Boulevard, Suite 640
Woodland Hills, California 91364-2226
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: Tue, December 20, 2011 4:00:20 PM
Subject: Re: [cdcbaa] Discharge of Post Petition Rent for Commercial Space
The debtor will be responsible for post petition rent and the cost of the UD if it is also post petition.
Law Office of Catherine Christiansen
________________________________
To: cdcbaa@yahoogroups.com
Sent: Tuesday, December 20, 2011 11:27 AM
Subject: [cdcbaa] Discharge of Post Petition Rent for Commercial Space
I was hoping that the group could provide some insight for me on this issue.
My client has a commercial lease and is facing a UD action for past due rent. He is considering a chap 7 and wants to keep possession post petition for as long as he can and continue to run the business. He will eventually give up the business and the leased space. If the Creditor makes a MRFS and continues with the UD action to trial, can my client be facing a judgment for his possession of the leased space post petition or does that amount also get discharged?
Delmas A. Woods
The post was migrated from Yahoo.
Catherine, what is your authority for this?
Kenneth Jay Schwartz, Esq.
LAW OFFICE OF KENNETH JAY SCHWARTZ
21031 Ventura Boulevard, Suite 640
Woodland Hills, California 91364-2226
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: Tue, December 20, 2011 4:00:20 PM
Subject: Re: [cdcbaa] Discharge of Post Petition Rent for Commercial Space
The debtor will be responsible for post petition rent and the cost of the UD if
it is also post petition.
Law Office of Catherine Christiansen
________________________________
To: cdcbaa@yahoogroups.com
Sent: Tuesday, December 20, 2011 11:27 AM
Subject: [cdcbaa] Discharge of Post Petition Rent for Commercial Space
I was hoping that the group could provide some insight for me on this issue.
My client has a commercial lease and is facing a UD action for past due rent.
He is considering a chap 7 and wants to keep possession post petition for as
long as he can and continue to run the business. He will eventually give up the
business and the leased space. If the Creditor makes a MRFS and continues with
the UD action to trial, can my client be facing a judgment for his possession of
the leased space post petition or does that amount also get discharged?
Delmas A. Woods
Catherine, what is your authority for this? Kenneth Jay Schwartz, Esq.LAW OFFICE OF KENNETH JAY SCHWARTZ21031 Ventura Boulevard, Suite 640Woodland Hills, California 91364-2226Telephone: (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.
The post was migrated from Yahoo.
Catherine, other than perhaps on a quantum meruit basis, what do you base your
opinion that he will be responsible for post-petition rent?
Kenneth Jay Schwartz, Esq.
LAW OFFICE OF KENNETH JAY SCHWARTZ
21031 Ventura Boulevard, Suite 640
Woodland Hills, California 91364-2226
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: Tue, December 20, 2011 4:00:20 PM
Subject: Re: [cdcbaa] Discharge of Post Petition Rent for Commercial Space
The debtor will be responsible for post petition rent and the cost of the UD if
it is also post petition.
Law Office of Catherine Christiansen
________________________________
To: cdcbaa@yahoogroups.com
Sent: Tuesday, December 20, 2011 11:27 AM
Subject: [cdcbaa] Discharge of Post Petition Rent for Commercial Space
I was hoping that the group could provide some insight for me on this issue.
My client has a commercial lease and is facing a UD action for past due rent.
He is considering a chap 7 and wants to keep possession post petition for as
long as he can and continue to run the business. He will eventually give up the
business and the leased space. If the Creditor makes a MRFS and continues with
the UD action to trial, can my client be facing a judgment for his possession of
the leased space post petition or does that amount also get discharged?
Delmas A. Woods
Catherine, other than perhaps on a quantum meruit basis, what do you base your opinion that he will be responsible for post-petition rent? Kenneth Jay Schwartz, Esq.LAW OFFICE OF KENNETH JAY SCHWARTZ21031 Ventura Boulevard, Suite 640Woodland Hills, California 91364-2226Telephone: (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: Catherine Christiansen <christiansenlaw@yahoo.com>
The post was migrated from Yahoo.
The debtor will be responsible for post petition rent and the cost of the UD if it is also post petition.
Law Office of Catherine Christiansen
________________________________
To: cdcbaa@yahoogroups.com
Sent: Tuesday, December 20, 2011 11:27 AM
Subject: [cdcbaa] Discharge of Post Petition Rent for Commercial Space
I was hoping that the group could provide some insight for me on this issue.
My client has a commercial lease and is facing a UD action for past due rent. He is considering a chap 7 and wants to keep possession post petition for as long as he can and continue to run the business. He will eventually give up the business and the leased space. If the Creditor makes a MRFS and continues with the UD action to trial, can my client be facing a judgment for his possession of the leased space post petition or does that amount also get discharged?
Delmas A. Woods
The post was migrated from Yahoo.
I was hoping that the group could provide some insight for me on this issue.
My client has a commercial lease and is facing a UD action for past due rent. He is considering a chap 7 and wants to keep possession post petition for as long as he can and continue to run the business. He will eventually give up the business and the leased space. If the Creditor makes a MRFS and continues with the UD action to trial, can my client be facing a judgment for his possession of the leased space post petition or does that amount also get discharged?
Delmas A. Woods
The post was migrated from Yahoo.