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Chapter 11 bankruptcy
This is not a consumer Bk question.
Sent from my iPhone
On Mar 13, 2012, at 12:30 PM, "John D. Faucher" wrote:
> 1) Yes.
> 2) I defer to grayer beards than mine, but suggest you file the bankruptcy petition before the state court judge signs the ex parte order.
>
> John D. Faucher
> Faucher & Associates
> 5743 Corsa Ave., Suite 116
> Westlake Village, CA 91362
> (818) 889-8080
> Fax: (805) 367-4154
> http://www.hurlbettfaucher.com/
>
>
>
> This electronic mail message and any attached files are confidential, contain information intended for the exclusive use of the individual or entity to whom it is addressed, and may be legally privileged. If you are not the intended recipient, please immediately reply to John Faucher (at 818/889-8080 or john@hf-bklaw.com) indicating that you received this message and then delete the message without delay. Thank you for your cooperation.
>
> Disclosure Under U.S. IRS Circular 230: The recipient may not use any tax advice contained in this communication, including any attachments, for the purpose of avoiding federal tax related penalties or promoting, marketing or recommending to another party any particular transaction or matter.
>
> On 3/13/12 10:40 AM, "Nicholas S. Nassif" wrote:
>
>
> (1) A corporation is suspended by the State of California for not paying the sales tax to the State. It needs to file a Chapter 11 bankruptcy because of a secured creditor. Can it file a Chapter 11 bankruptcy while being suspended?
>
> (2) The secured creditor filed a Complaint and will go into Court Ex Parte and will apply for a receiver. If the Court grants the Ex Parte Motion and signs the Order, what effect will the Automatic Stay have on the Appointment of a Receiver?
>
> Thank you.
>
>
>
> Nicholas S. Nassif, Esq.
>
> LAW OFFICES OF NICHOLAS S. NASSIF
>
> 3055 WILSHIRE BLVD.
>
> SUITE 900
>
> LOS ANGELES, CA 90010
>
>
>
> TELEPHONE- 213-736-1899
>
> FAX- 213-736-5656
>
> WEB- www.nassif.com
>
> E-MAIL- nsnassif@pa! cbell.net
>
>
>
>
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This is not a consumer Bk question. Sent from my iPhoneOn Mar 13, 2012, at 12:30 PM, "John D. Faucher" <j.d.faucher@sbcglobal.net> wrote:A corporation is suspended by the State of California for not paying the sales tax to the State. It needs to file a Chapter 11 bankruptcy because of a secured creditor. Can it file a Chapter 11 bankruptcy while being suspended?(2) The secured creditor filed a Complaint and will go into Court Ex Parte and will apply for a receiver. If the Court grants the Ex Parte Motion and signs the Order, what effect will the Automatic Stay have on the Appointment of a Receiver?Thank you.Nicholas S. Nassif, Esq.
The post was migrated from Yahoo.
PS: The rule about suspension for unpaid taxes has language in it about
how the corporation may not "maintain" any action in court. Bankruptcy is
not included as an action. Sounds like confusion over state law vs.
federal? And yes before that receive is appointed..... probably should
file but make sure you get substantial monies up front....
Renay
PS: The rule about suspension for unpaid taxes has language in it about how the corporation may not "maintain" any action in court. Bankruptcy is not included as an action. Sounds like confusion over state law vs. federal? And yes before that receive is appointed..... probably should file but make sure you get substantial monies up front....
Renay
The post was migrated from Yahoo.
charset="ISO-8859-1"
1) Yes.
2) I defer to grayer beards than mine, but suggest you file the bankruptcy
petition before the state court judge signs the ex parte order.
John D. Faucher
Faucher & Associates
5743 Corsa Ave., Suite 116
Westlake Village, CA 91362
(818) 889-8080
Fax: (805) 367-4154
http://www.hurlbettfaucher.com/
This electronic mail message and any attached files are confidential,
contain information intended for the exclusive use of the individual or
entity to whom it is addressed, and may be legally privileged. If you are
not the intended recipient, please immediately reply to John Faucher (at
818/889-8080 or john@hf-bklaw.com )
indicating that you received this message and then delete the message
without delay. Thank you for your cooperation.
Disclosure Under U.S. IRS Circular 230: The recipient may not use any tax
advice contained in this communication, including any attachments, for the
purpose of avoiding federal tax related penalties or promoting, marketing or
recommending to another party any particular transaction or matter.
On 3/13/12 10:40 AM, "Nicholas S. Nassif" wrote:
>
>
>
>
>
> (1) A corporation is suspended by the State of California for not paying the
> sales tax to the State. It needs to file a Chapter 11 bankruptcy because of a
> secured creditor. Can it file a Chapter 11 bankruptcy while being suspended?
>
> (2) The secured creditor filed a Complaint and will go into Court Ex Parte
> and will apply for a receiver. If the Court grants the Ex Parte Motion and
> signs the Order, what effect will the Automatic Stay have on the Appointment
> of a Receiver?
>
> Thank you.
>
>
> Nicholas S. Nassif, Esq.
> LAW OFFICES OF NICHOLAS S. NASSIF
> 3055 WILSHIRE BLVD.
> SUITE 900
> LOS ANGELES, CA 90010
>
> TELEPHONE- 213-736-1899
> FAX- 213-736-5656
> WEB- www.nassif.com
> E-MAIL- nsnassif@pa! cbell.net
>
>
>
>
charset="ISO-8859-1"
1) Yes. 2) I defer to grayer beards than mine, but suggest you file the bankruptcy petition before the state court judge signs the ex parte order. John D. FaucherFaucher & Associates5743 Corsa Ave., Suite 116
The post was migrated from Yahoo.
(1) A corporation is suspended by the State of California for not paying
the sales tax to the State. It needs to file a Chapter 11 bankruptcy
because of a secured creditor. Can it file a Chapter 11 bankruptcy while
being suspended?
(2) The secured creditor filed a Complaint and will go into Court Ex Parte
and will apply for a receiver. If the Court grants the Ex Parte Motion and
signs the Order, what effect will the Automatic Stay have on the Appointment
of a Receiver?
Thank you.
Nicholas S. Nassif, Esq.
LAW OFFICES OF NICHOLAS S. NASSIF
3055 WILSHIRE BLVD.
SUITE 900
LOS ANGELES, CA 90010
TELEPHONE- 213-736-1899
FAX- 213-736-5656
WEB- www.nassif.com
E-MAIL- nsnassif@pacbell.net
The post was migrated from Yahoo.