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Opposition to Sanctions Motions
Get separate counsel to file 11 for corp. You can write two plans, or make a motion to consolidate. Buchalter is able to sue corp.
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Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
> On Mar 5, 2014, at 11:21 AM, Michael Avanesian wrote:
>
> I think the problem is the basis for the AP is not correct. The assets are not part of the estate. If there is a close nexus (which no doubt there is), then some alternatives include a motion under 105 (like they did in Detroit's bk) or a corporate Chapter 11 (possibly with substantive consolidation). Just my thoughts. You should speak/consult with one of the big wigs in the cdcbaa in private about what you should do next.
>
> Sincerely,
> Michael Avanesian
>
>> On Wed, Mar 5, 2014 at 10:42 AM, Catherine Christiansen wrote:
>>
>> Hi Mark:
>>
>> That is what I thought, but Debtors former counsel, who is a bankruptcy attorney and the court was happy with his work, it was just an unfortunate incident with his trust account prevents him from practicing in BK court for a few years, was adamant the Debtors needed to bring this to the bankruptcy court because of the close nexus between the debtors income and the corporations profits courts in the 9th circuit have imposed a stay on the state court action in other cases when it looks like the debtor has the ability to reorganize.
>>
>>
>>
>>
>>
>>
>> Law Office of Catherine Christiansen
>>
>>
>>
>> On Wednesday, March 5, 2014 10:26 AM, "jesseelaw@aol.com" wrote:
>>
>> I think there is a problem with the debtor's outlook. The corporation is a separate entity, distinct from the debtor. Why would the corporate assets be an asset of the bankruptcy estate? Only the debtor's ownership interest of the corporation, i.e. the shares of stock, are assets of the bankruptcy estate. Just because the debtor claims the corporation's assets as the debtor's own in Schedule B does not make them an asset of the bankruptcy case. The corporation's creditors have every right to pursue claims against it in state court, regardless of the shareholders bankruptcy or the impact on the debtor's bankruptcy.
>>
>> Mark T. Jessee
>> Law Offices of Mark T. Jessee
>> "A Debt Relief Agency"
>> 50 W. Hillcrest Drive, Suite 200
>> Thousand Oaks, CA 91360
>> (805) 497-5868 (805) 497-5864 (Facsimile)
>>
>>
>> In a message dated 3/5/2014 5:13:41 A.M. Pacific Standard Time, christiansenlaw@yahoo.com writes:
>>
>> All help appreciated. Creditor, represented by Buchalter Nemer filed a second state court lawsuit against Debtors Corporation while Debtors are in Ch 11 going after Debtors assets and for a fraud judgment against just the corporation, not naming the Debtors in the lawsuit. 100% of Debtors income is derived from the profits of its corporation. Adversary action filed to stop the Lawsuit on the basis the assets of the corporation are property of the Bankruptcy Estate, listed on Schedule B, Debtors' potential of reorganization is good, the income to fund the plan is 100% from Debtors earnings from the corporation, and if the assets are seized by the creditor debtor will not have the means to replace. The assets are work trucks, tools, etc.
>>
>> Court remands lawsuit to state court and now creditor seeks sanctions against both debtor and attorney in the amount of $46,000.
>>
>> All templates, advice, appreciated.
>>
>>
>>
>> Law Office of Catherine Christiansen
>> 17011 Beach Blvd. Ste 900, Huntington Beach, CA 92647
>> Tel: (714) 375-6651 Fax: (562) 490-8572
>> attorneychristiansen@gmail.com
>
>
The post was migrated from Yahoo.
I think the problem is the basis for the AP is not correct. The assets are
not part of the estate. If there is a close nexus (which no doubt there
is), then some alternatives include a motion under 105 (like they did in
Detroit's bk) or a corporate Chapter 11 (possibly with substantive
consolidation). Just my thoughts. You should speak/consult with one of the
big wigs in the cdcbaa in private about what you should do next.
Sincerely,
Michael Avanesian
On Wed, Mar 5, 2014 at 10:42 AM, Catherine Christiansen wrote:
>
>
> Hi Mark:
>
> That is what I thought, but Debtors former counsel, who is a bankruptcy
> attorney and the court was happy with his work, it was just an unfortunate
> incident with his trust account prevents him from practicing in BK court
> for a few years, was adamant the Debtors needed to bring this to the
> bankruptcy court because of the close nexus between the debtors income and
> the corporations profits courts in the 9th circuit have imposed a stay on
> the state court action in other cases when it looks like the debtor has the
> ability to reorganize.
>
>
>
>
>
>
> Law Office of Catherine Christiansen
>
>
>
> On Wednesday, March 5, 2014 10:26 AM, "jesseelaw@aol.com" jesseelaw@aol.com> wrote:
>
> I think there is a problem with the debtor's outlook. The corporation
> is a separate entity, distinct from the debtor. Why would the corporate
> assets be an asset of the bankruptcy estate? Only the debtor's ownership
> interest of the corporation, i.e. the shares of stock, are assets of the
> bankruptcy estate. Just because the debtor claims the corporation's assets
> as the debtor's own in Schedule B does not make them an asset of the
> bankruptcy case. The corporation's creditors have every right to pursue
> claims against it in state court, regardless of the shareholders bankruptcy
> or the impact on the debtor's bankruptcy.
>
> Mark T. Jessee
> Law Offices of Mark T. Jessee
> "A Debt Relief Agency"
> 50 W. Hillcrest Drive, Suite 200
> Thousand Oaks, CA 91360
> (805) 497-5868 (805) 497-5864 (Facsimile)
>
>
> In a message dated 3/5/2014 5:13:41 A.M. Pacific Standard Time,
> christiansenlaw@yahoo.com writes:
>
>
> All help appreciated. Creditor, represented by Buchalter Nemer filed a
> second state court lawsuit against Debtors Corporation while Debtors are in
> Ch 11 going after Debtors assets and for a fraud judgment against just the
> corporation, not naming the Debtors in the lawsuit. 100% of Debtors income
> is derived from the profits of its corporation. Adversary action filed to
> stop the Lawsuit on the basis the assets of the corporation are property of
> the Bankruptcy Estate, listed on Schedule B, Debtors' potential of
> reorganization is good, the income to fund the plan is 100% from Debtors
> earnings from the corporation, and if the assets are seized by the creditor
> debtor will not have the means to replace. The assets are work trucks,
> tools, etc.
>
> Court remands lawsuit to state court and now creditor seeks sanctions
> against both debtor and attorney in the amount of $46,000.
>
> All templates, advice, appreciated.
>
>
>
> Law Office of Catherine Christiansen
> 17011 Beach Blvd. Ste 900, Huntington Beach, CA 92647
> Tel: (714) 375-6651 Fax: (562) 490-8572
> attorneychristiansen@gmail.com
>
>
>
>
>
I think the problem is the basis for the AP is not correct. The assets are not part of the estate. If there is a close nexus (which no doubt there is), then some alternatives include a motion under 105 (like they did in Detroit's bk) or a corporate Chapter 11 (possibly with substantive consolidation). Just my thoughts. You should speak/consult with one of the big wigs in the cdcbaa in private about what you should do next.
Sincerely, Michael AvanesianOn Wed, Mar 5, 2014 at 10:42 AM, Catherine Christiansen <christiansenlaw@yahoo.com> wrote:
Hi Mark:That is what I thought, but Debtors former counsel, who is a bankruptcy attorney and the court was happy with his work, it was just an unfortunate incident with his trust account prevents him from practicing in BK court for a few years, was adamant the Debtors needed to bring this to the bankruptcy court because of the close nexus between the debtors income and the corporations profits courts in the 9th circuit have imposed a stay on the state court action in other cases when it looks like the debtor has the ability to reorganize.
Law Office of Catherine
The post was migrated from Yahoo.
Well, if there was case authority for the debtor to take the matter to
bankruptcy court under comparable circumstances, then that may be a basis for a
good faith defense to the sanctions motion. Otherwise, I still think
the debtor has a tough row to hoe....
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868 (805) 497-5864 (Facsimile)
In a message dated 3/5/2014 10:42:21 A.M. Pacific Standard Time,
christiansenlaw@yahoo.com writes:
Hi Mark:
That is what I thought, but Debtors former counsel, who is a bankruptcy
attorney and the court was happy with his work, it was just an unfortunateincident with his trust account prevents him from practicing in BK court for
a few years, was adamant the Debtors needed to bring this to the bankruptcy
court because of the close nexus between the debtors income and the
corporations profits courts in the 9th circuit have imposed a stay on the state
court action in other cases when it looks like the debtor has the ability to
reorganize.
Law Office of Catherine Christiansen
On Wednesday, March 5, 2014 10:26 AM, "jesseelaw@aol.com"
wrote:
I think there is a problem with the debtor's outlook. The corporation isa separate entity, distinct from the debtor. Why would the corporate
assets be an asset of the bankruptcy estate? Only the debtor's ownershipinterest of the corporation, i.e. the shares of stock, are assets of the
bankruptcy estate. Just because the debtor claims the corporation's assets as the
debtor's own in Schedule B does not make them an asset of the bankruptcy
case. The corporation's creditors have every right to pursue claims against
it in state court, regardless of the shareholders bankruptcy or the impacton the debtor's bankruptcy.
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868 (805) 497-5864 (Facsimile)
In a message dated 3/5/2014 5:13:41 A.M. Pacific Standard Time,
christiansenlaw@yahoo.com writes:
All help appreciated. Creditor, represented by Buchalter Nemer filed a second state court lawsuit against Debtors Corporation while Debtors are inCh 11 going after Debtors assets and for a fraud judgment against just the corporation, not naming the Debtors in the lawsuit. 100% of Debtors income
is derived from the profits of its corporation. Adversary action filed tostop the Lawsuit on the basis the assets of the corporation are property
of the Bankruptcy Estate, listed on Schedule B, Debtors' potential of
reorganization is good, the income to fund the plan is 100% from Debtors earnings
from the corporation, and if the assets are seized by the creditor debtorwill not have the means to replace. The assets are work trucks, tools,
etc.
Court remands lawsuit to state court and now creditor seeks sanctions
against both debtor and attorney in the amount of $46,000.
All templates, advice, appreciated.
Law Office of Catherine Christiansen
17011 Beach Blvd. Ste 900, Huntington Beach, CA 92647
Tel: (714) 375-6651 Fax: (562) 490-8572
_attorneychristiansen@gmail.com_ (mailto:attorneychristiansen@gmail.com)
Well, if there was case authority for the debtor to take the matter tobankruptcy court under comparable circumstances, then that may be a basis for a
good faith defense to the sanctions motion. Otherwise, I still
think the debtor has a tough row to hoe....
Mark T.
JesseeLaw Offices of Mark T. Jessee"A Debt Relief Agency"50 W.Hillcrest Drive, Suite 200Thousand Oaks, CA 91360(805) 497-5868 (805)
497-5864 (Facsimile)
In a message dated 3/5/2014 10:42:21 A.M. Pacific Standard Time,
christiansenlaw@yahoo.com writes:
Hi
Mark:That is what I thought, but Debtors former counsel, who is a bankruptcy attorney and the court was happy with his work, it was just an unfortunate incident with his trust account prevents him from practicing in BK
court for a few years, was adamant the Debtors needed to bring this to the
bankruptcy court because of the close nexus between the debtors income and the
corporations profits courts in the 9th circuit have imposed a stay on the state court action in other cases when it looks like the debtor has the
ability to reorganize.
Law Office of Catherine
The post was migrated from Yahoo.
Hi Mark:
That is what I thought, but Debtors former counsel, who is a bankruptcy attorney and the court was happy with his work, it was just an unfortunate incident with his trust account prevents him from practicing in BK court for a few years, was adamant the Debtors needed to bring this to the bankruptcy court because of the close nexus between the debtors income and the corporations profits courts in the 9th circuit have imposed a stay on the state court action in other cases when it looks like the debtor has the ability to reorganize.
Law Office of Catherine Christiansen
On Wednesday, March 5, 2014 10:26 AM, "jesseelaw@aol.com" wrote:
I think there is a problem with the debtor's outlook. The corporationis a separate entity, distinct from the debtor. Why would the corporate
assets be an asset of the bankruptcy estate? Only the debtor's ownership
interest of the corporation, i.e. the shares of stock, are assets of the
bankruptcy estate. Just because the debtor claims the corporation's assets
as the debtor's own in Schedule B does not make them an asset of the bankruptcy
case. The corporation's creditors have every right to pursue claims
against it in state court, regardless of the shareholders bankruptcy or theimpact onthe debtor'sbankruptcy.
Mark T.
Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W.
Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868 (805)
497-5864 (Facsimile)
In a message dated 3/5/2014 5:13:41 A.M. Pacific Standard Time,
christiansenlaw@yahoo.com writes:
>All help appreciated. Creditor, represented by Buchalter Nemer filed a second state court lawsuit against Debtors Corporation while Debtors are in Ch 11 going after Debtors assets and for a fraud judgment against just the corporation, not naming the Debtors in the lawsuit. 100% of Debtors income is derived from the profits of its corporation. Adversary action filed to stop the Lawsuit on the basis the assets of the corporation are property of the Bankruptcy Estate, listed on Schedule B, Debtors' potential of reorganization is good, the income to fund the plan is 100% from Debtors earnings from the corporation, and if the assets are seized by the creditor debtor will not have the means to replace. The assets are work trucks, tools, etc.
>
>Court remands lawsuit to state court and now
creditor seeks sanctions against both debtor and attorney in the amount of
$46,000.
>
>All templates, advice, appreciated.
>
>
>
>
>
>
>Law Office of Catherine Christiansen
>17011 Beach Blvd. Ste 900, Huntington Beach, CA
92647
>Tel: (714) 375-6651 Fax: (562) 490-8572
>attorneychristiansen@gmail.com
>
The post was migrated from Yahoo.
I think there is a problem with the debtor's outlook. The corporation isa separate entity, distinct from the debtor. Why would the corporate
assets be an asset of the bankruptcy estate? Only the debtor's ownership interest of the corporation, i.e. the shares of stock, are assets of the bankruptcy estate. Just because the debtor claims the corporation's assets as the
debtor's own in Schedule B does not make them an asset of the bankruptcy case. The corporation's creditors have every right to pursue claims against
it in state court, regardless of the shareholders bankruptcy or the impacton the debtor's bankruptcy.
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868 (805) 497-5864 (Facsimile)
In a message dated 3/5/2014 5:13:41 A.M. Pacific Standard Time,
christiansenlaw@yahoo.com writes:
All help appreciated. Creditor, represented by Buchalter Nemer filed a second state court lawsuit against Debtors Corporation while Debtors are inCh 11 going after Debtors assets and for a fraud judgment against just thecorporation, not naming the Debtors in the lawsuit. 100% of Debtors income
is derived from the profits of its corporation. Adversary action filed tostop the Lawsuit on the basis the assets of the corporation are property
of the Bankruptcy Estate, listed on Schedule B, Debtors' potential of
reorganization is good, the income to fund the plan is 100% from Debtors earnings
from the corporation, and if the assets are seized by the creditor debtorwill not have the means to replace. The assets are work trucks, tools,
etc.
Court remands lawsuit to state court and now creditor seeks sanctions
against both debtor and attorney in the amount of $46,000.
All templates, advice, appreciated.
Law Office of Catherine Christiansen
17011 Beach Blvd. Ste 900, Huntington Beach, CA 92647
Tel: (714) 375-6651 Fax: (562) 490-8572
_attorneychristiansen@gmail.com_ (mailto:attorneychristiansen@gmail.com)
I think there is a problem with the debtor's outlook. The corporation
is a separate entity, distinct from the debtor. Why would the corporate
assets be an asset of the bankruptcy estate? Only the debtor's ownership
interest of the corporation, i.e. the shares of stock, are assets of the
bankruptcy estate. Just because the debtor claims the corporation's assets
as the debtor's own in Schedule B does not make them an asset of the bankruptcy
case. The corporation's creditors have every right to pursue claims
against it in state court, regardless of the shareholders bankruptcy or theimpact on the debtor's bankruptcy.
Mark T.
JesseeLaw Offices of Mark T. Jessee"A Debt Relief Agency"50 W.Hillcrest Drive, Suite 200Thousand Oaks, CA 91360(805) 497-5868 (805)
497-5864 (Facsimile)
In a message dated 3/5/2014 5:13:41 A.M. Pacific Standard Time,
christiansenlaw@yahoo.com writes:
All
help appreciated. Creditor, represented by Buchalter Nemer filed a second state court lawsuit against Debtors Corporation while Debtors are in Ch
11 going after Debtors assets and for a fraud judgment against just the
corporation, not naming the Debtors in the lawsuit. 100% of Debtors income is derived from the profits of its corporation. Adversary action
filed to stop the Lawsuit on the basis the assets of the corporation are property of the Bankruptcy Estate, listed on Schedule B, Debtors' potential of
reorganization is good, the income to fund the plan is 100% from Debtors earnings from the corporation, and if the assets are seized by the creditor
debtor will not have the means to replace. The assets are work trucks,
tools, etc. Court remands lawsuit to state court and now
creditor seeks sanctions against both debtor and attorney in the amount of
$46,000.All templates, advice, appreciated.
Law Office of Catherine
Christiansen17011 Beach Blvd. Ste 900, Huntington Beach, CA
92647Tel: (714) 375-6651 Fax: (562) 490-8572
The post was migrated from Yahoo.
All help appreciated. Creditor, represented by Buchalter Nemer filed a second state court lawsuit against Debtors Corporation while Debtors are in Ch 11 going after Debtors assets and for a fraud judgment against just the corporation, not naming the Debtors in the lawsuit. 100% of Debtors income is derived from the profits of its corporation. Adversary action filed to stop the Lawsuit on the basis the assets of the corporation are property of the Bankruptcy Estate, listed on Schedule B, Debtors' potential of reorganization is good, the income to fund the plan is 100% from Debtors earnings from the corporation, and if the assets are seized by the creditor debtor will not have the means to replace. The assets are work trucks, tools, etc.
Court remands lawsuit to state court and now creditor seeks sanctions against both debtor and attorney in the amount of $46,000.
All templates, advice, appreciated.
Law Office of Catherine Christiansen
17011 Beach Blvd. Ste 900, Huntington Beach, CA 92647
Tel: (714) 375-6651 Fax: (562) 490-8572
attorneychristiansen@gmail.com
The post was migrated from Yahoo.