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what address to use when Jurisdiction based on property
Yes, it was accepted. As it should be
On Jun 20, 2013 2:35 PM, "Mark J. Markus" wrote:
> **
>
>
> Thanks, I'm aware of all that. I just needed to know if ECF will accept a
> foreign address on the petition. I've tried it in the past and it didn't
> work.
>
> *************************
> Mark J. Markus
> Law Office of Mark J. Markus
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2652
> (818)509-1173 (818)509-1460 (fax)
> web: http://www.bklaw.com/
> Certified Bankruptcy Law Specialist--The State Bar of California Board of
> Legal Specialization
> This Firm is a Qualified Federal Debt Relief Agency (see what this means
> at
> http://www.bklaw.com/bankruptcy-blog/20 ... efinition/
> )
> ________________________________________________
> NOTICE: This Electronic Message contains information from the law office
> of Mark J. Markus that may be privileged. The information is intended for
> the use of the addressee only. If you are not the addressee, note that any
> disclosure, copy, distribution or use of the contents of this message is
> prohibited.
> IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by
> the IRS, we inform you that any U.S. tax advice contained in this
> communication (or in any attachment) is not intended or written to be used,
> and cannot be used, for the purpose of (i) avoiding penalties under the
> Internal Revenue Code or (ii) promoting, marketing or recommending to
> another party any transaction or matter addressed in this communication.
> On 6/20/2013 1:19 PM, Kirk Brennan wrote:
>
> 3 days after the filing, the judge sua sponte (in Riverside) filed
> an OSC re dismissal for improper venue. It was a skeletal filing.
> No action by the UST.
> The subsequently filed Schedules and Declaration of Debtor clearly
> establish venue based on location of principal assets under 28 USC 1408.
>
> Note that the 28 USC 1408 bases for venue are in the alternative so you
> could actually have a case where venue is proper in several different US
> districts.
> Here is an example:
> Debtor resides in state A
> Debtor's domicile is in state B
> The location of Debtors principal assets in the US during the 180 day
> period prior to the filing is in state C
> Thus Debtor could properly file under 28 USC 1408 in state A, B, or C.
>
> There is case law that states that Debtor is entitled to a presumption
> that district in which it filed its case is the proper venue. See HSBC Bank
> USA v. Handel (In re Handel), 253 B.R. 308 (1st Cir. BAP 2000).
>
>
>
> On Thu, Jun 20, 2013 at 12:29 PM, Mark J. Markus wrote:
>
>>
>>
>> Kirk:
>>
>> Did ECF accept the foreign address on the face of the petition? And, if
>> so, any blowback from the OUST?
>>
>> *************************
>> Mark J. Markus
>> Law Office of Mark J. Markus
>> 11684 Ventura Blvd. PMB #403
>> Studio City, CA 91604-2652
>> (818)509-1173 (818)509-1460 (fax)
>> web: http://www.bklaw.com/
>> Certified Bankruptcy Law Specialist--The State Bar of California Board of
>> Legal Specialization
>> This Firm is a Qualified Federal Debt Relief Agency (see what this means
>> at
>> http://www.bklaw.com/bankruptcy-blog/20 ... efinition/
>> )
>> ________________________________________________
>> NOTICE: This Electronic Message contains information from the law office
>> of Mark J. Markus that may be privileged. The information is intended for
>> the use of the addressee only. If you are not the addressee, note that any
>> disclosure, copy, distribution or use of the contents of this message is
>> prohibited.
>> IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed
>> by the IRS, we inform you that any U.S. tax advice contained in this
>> communication (or in any attachment) is not intended or written to be used,
>> and cannot be used, for the purpose of (i) avoiding penalties under the
>> Internal Revenue Code or (ii) promoting, marketing or recommending to
>> another party any transaction or matter addressed in this communication.
>> On 6/20/2013 12:27 PM, Kirk Brennan wrote:
>>
>> If the residence is overseas, I wouldn't use a local address. I would
>> use the overseas address. Just did this for a Canadian client with assets
>> in the CDCA.
>>
>>
>>
>> On Thu, Jun 20, 2013 at 11:20 AM, Giovanni Orantes wrote:
>>
>>>
>>> I did, but used the mailing address here as the "residence" here. The
>>> principal residence is overseas. I also informed a handful of days after
>>> filing the case the Trustee and U.S. Trustee that the client resides
>>> overseas, too. However, the creditor is quite rich and is represented by
>>> counsel who are looking at everything with a magnifying glass. So, I'm
>>> wondering if a different approach would have been more "accurate" in these
>>> circumstances.
>>>
>>
>>
>>
>> --
>> Kirk Brennan
>>
>> CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
>> exclusive and confidential use of the intended recipient. If you are not
>> the intended recipient, please do not read, distribute or take action in
>> reliance on this message. If you have received this message in error,
>> please notify us immediately by return e-mail and promptly delete this
>> message and its attachments from your computer system. We do not waive
>> attorney-client or work product privilege by the transmission of this
>> message.
>> TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
>> constitute a "reliance opinion" as defined in IRS Circular 230 and may not
>> be used to establish reasonable reliance on the opinion of counsel for the
>> purpose of avoiding the penalty imposed by Section 6662A of the Internal
>> Revenue Code. The firm provides reliance opinions only in formal opinion
>> letters containing the signature of a director.
>>
>>
>>
>
>
> --
> Kirk Brennan
>
> CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
> exclusive and confidential use of the intended recipient. If you are not
> the intended recipient, please do not read, distribute or take action in
> reliance on this message. If you have received this message in error,
> please notify us immediately by return e-mail and promptly delete this
> message and its attachments from your computer system. We do not waive
> attorney-client or work product privilege by the transmission of this
> message.
> TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
> constitute a "reliance opinion" as defined in IRS Circular 230 and may not
> be used to establish reasonable reliance on the opinion of counsel for the
> purpose of avoiding the penalty imposed by Section 6662A of the Internal
> Revenue Code. The firm provides reliance opinions only in formal opinion
> letters containing the signature of a director.
>
>
>
>
Yes, it was accepted. As it should be
On Jun 20, 2013 2:35 PM, "Mark J. Markus" <bklawr@yahoo.com> wrote:
Thanks,
I'm aware of all that. I just needed to know if ECF will accept
a foreign address on the petition. I've tried it in the past
and it didn't work.
*************************
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: http://www.bklaw.com/
Certified Bankruptcy Law Specialist--The State Bar of
California Board of Legal Specialization
This Firm is a Qualified Federal Debt Relief Agency (see what
this means at
http://www.bklaw.com/bankruptcy-blog/20 ... efinition/)
The post was migrated from Yahoo.
3 days after the filing, the judge sua sponte (in Riverside) filed an OSC
re dismissal for improper venue. It was a skeletal filing.
No action by the UST.
The subsequently filed Schedules and Declaration of Debtor clearly
establish venue based on location of principal assets under 28 USC 1408.
Note that the 28 USC 1408 bases for venue are in the alternative so you
could actually have a case where venue is proper in several different US
districts.
Here is an example:
Debtor resides in state A
Debtor's domicile is in state B
The location of Debtors principal assets in the US during the 180 day
period prior to the filing is in state C
Thus Debtor could properly file under 28 USC 1408 in state A, B, or C.
There is case law that states that Debtor is entitled to a presumption that
district in which it filed its case is the proper venue. See HSBC Bank USA
v. Handel (In re Handel), 253 B.R. 308 (1st Cir. BAP 2000).
On Thu, Jun 20, 2013 at 12:29 PM, Mark J. Markus wrote:
> **
>
>
> Kirk:
>
> Did ECF accept the foreign address on the face of the petition? And, if
> so, any blowback from the OUST?
>
> *************************
> Mark J. Markus
> Law Office of Mark J. Markus
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2652
> (818)509-1173 (818)509-1460 (fax)
> web: http://www.bklaw.com/
> Certified Bankruptcy Law Specialist--The State Bar of California Board of
> Legal Specialization
> This Firm is a Qualified Federal Debt Relief Agency (see what this means
> at
> http://www.bklaw.com/bankruptcy-blog/20 ... efinition/
> )
> ________________________________________________
> NOTICE: This Electronic Message contains information from the law office
> of Mark J. Markus that may be privileged. The information is intended for
> the use of the addressee only. If you are not the addressee, note that any
> disclosure, copy, distribution or use of the contents of this message is
> prohibited.
> IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by
> the IRS, we inform you that any U.S. tax advice contained in this
> communication (or in any attachment) is not intended or written to be used,
> and cannot be used, for the purpose of (i) avoiding penalties under the
> Internal Revenue Code or (ii) promoting, marketing or recommending to
> another party any transaction or matter addressed in this communication.
> On 6/20/2013 12:27 PM, Kirk Brennan wrote:
>
> If the residence is overseas, I wouldn't use a local address. I would
> use the overseas address. Just did this for a Canadian client with assets
> in the CDCA.
>
>
>
> On Thu, Jun 20, 2013 at 11:20 AM, Giovanni Orantes wrote:
>
>>
>> I did, but used the mailing address here as the "residence" here. The
>> principal residence is overseas. I also informed a handful of days after
>> filing the case the Trustee and U.S. Trustee that the client resides
>> overseas, too. However, the creditor is quite rich and is represented by
>> counsel who are looking at everything with a magnifying glass. So, I'm
>> wondering if a different approach would have been more "accurate" in these
>> circumstances.
>>
>
>
>
> --
> Kirk Brennan
>
> CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
> exclusive and confidential use of the intended recipient. If you are not
> the intended recipient, please do not read, distribute or take action in
> reliance on this message. If you have received this message in error,
> please notify us immediately by return e-mail and promptly delete this
> message and its attachments from your computer system. We do not waive
> attorney-client or work product privilege by the transmission of this
> message.
> TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
> constitute a "reliance opinion" as defined in IRS Circular 230 and may not
> be used to establish reasonable reliance on the opinion of counsel for the
> purpose of avoiding the penalty imposed by Section 6662A of the Internal
> Revenue Code. The firm provides reliance opinions only in formal opinion
> letters containing the signature of a director.
>
>
>
>
Kirk Brennan
CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
exclusive and confidential use of the intended recipient. If you are not
the intended recipient, please do not read, distribute or take action in
reliance on this message. If you have received this message in error,
please notify us immediately by return e-mail and promptly delete this
message and its attachments from your computer system. We do not waive
attorney-client or work product privilege by the transmission of this
message.
TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
constitute a "reliance opinion" as defined in IRS Circular 230 and may not
be used to establish reasonable reliance on the opinion of counsel for the
purpose of avoiding the penalty imposed by Section 6662A of the Internal
Revenue Code. The firm provides reliance opinions only in formal opinion
letters containing the signature of a director.
3 days after the filing, the judge sua sponte (in Riverside) filed an OSC re dismissal for improper venue. It was a skeletal filing. No action by the UST.
The subsequently filed Schedules and Declaration of Debtor clearly establish venue based on location of principal assets under 28 USC 1408.Note that the 28 USC 1408 bases for venue are in the alternative so you could actually have a case where venue is proper in several different US districts.
Here is an example: Debtor resides in state ADebtor's domicile is in state BThe location of Debtors principal assets in the US during the 180 day period prior to the filing is in state C
Thus Debtor could properly file under 28 USC 1408 in state A, B, or C.There is case law that states that Debtor is entitled to a presumption that district in which it filed its case is the proper venue. See HSBC Bank USA v. Handel (In re Handel), 253 B.R. 308 (1st Cir. BAP 2000).
On Thu, Jun 20, 2013 at 12:29 PM, Mark J. Markus <bklawr@yahoo.com> wrote:
Kirk:
Did ECF accept the foreign address on the face of the petition?
And, if so, any blowback from the OUST?
*************************
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: http://www.bklaw.com/
Certified Bankruptcy Law Specialist--The State Bar of
California Board of Legal Specialization
This Firm is a Qualified Federal Debt Relief Agency (see what
this means at
http://www.bklaw.com/bankruptcy-blog/20 ... efinition/)
The post was migrated from Yahoo.
Using the overseas address would be appropriate, but for the fact that the
debtor does not want the creditor to know even the city of residence.
Using the overseas address would be appropriate, but for the fact that the debtor does not want the creditor to know even the city of residence.
The post was migrated from Yahoo.
If the residence is overseas, I wouldn't use a local address. I would use
the overseas address. Just did this for a Canadian client with assets in
the CDCA.
On Thu, Jun 20, 2013 at 11:20 AM, Giovanni Orantes wrote:
> **
>
>
> I did, but used the mailing address here as the "residence" here. The
> principal residence is overseas. I also informed a handful of days after
> filing the case the Trustee and U.S. Trustee that the client resides
> overseas, too. However, the creditor is quite rich and is represented by
> counsel who are looking at everything with a magnifying glass. So, I'm
> wondering if a different approach would have been more "accurate" in these
> circumstances.
>
>
>
Kirk Brennan
CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
exclusive and confidential use of the intended recipient. If you are not
the intended recipient, please do not read, distribute or take action in
reliance on this message. If you have received this message in error,
please notify us immediately by return e-mail and promptly delete this
message and its attachments from your computer system. We do not waive
attorney-client or work product privilege by the transmission of this
message.
TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
constitute a "reliance opinion" as defined in IRS Circular 230 and may not
be used to establish reasonable reliance on the opinion of counsel for the
purpose of avoiding the penalty imposed by Section 6662A of the Internal
Revenue Code. The firm provides reliance opinions only in formal opinion
letters containing the signature of a director.
If the residence is overseas, I wouldn't use a local address. I would use the overseas address. Just did this for a Canadian client with assets in the CDCA.
On Thu, Jun 20, 2013 at 11:20 AM, Giovanni Orantes <
The post was migrated from Yahoo.
BTW, the scorned person already chased my client to Asia before as part of
a collection lawsuit. Note that this is an "old money" person who lives
off of the interest of the large corpus and has a formidable father and
family if this person ever needed money -- so, it ain't about the money.
As others may have experienced, this is not my first rich person attacking
my client for amorous reasons under the pretense of trying to collect on a
debt. They can be vicious.
BTW, the scorned person already chased my client to Asia before as part of a collection lawsuit. Note that this is an "old money" person who lives off of the interest of the large corpus and has a formidable father and family if this person ever needed money -- so, it ain't about the money. As others may have experienced, this is not my first rich person attacking my client for amorous reasons under the pretense of trying to collect on a debt. They can be vicious.
The post was migrated from Yahoo.
LOL.
Giovanni Orantes, Esq.
Certified Bankruptcy Specialist*
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 2920
Los Angeles, CA 90010
Tel: (213) 389-4362
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
*Board Certified - Business Bankruptcy Law - American Board of Certification
*Board Certified - Consumer Bankruptcy Law - American Board of Certification
LOL.--
The post was migrated from Yahoo.
I did, but used the mailing address here as the "residence" here. The
principal residence is overseas. I also informed a handful of days after
filing the case the Trustee and U.S. Trustee that the client resides
overseas, too. However, the creditor is quite rich and is represented by
counsel who are looking at everything with a magnifying glass. So, I'm
wondering if a different approach would have been more "accurate" in these
circumstances.
I did, but used the mailing address here as the "residence" here. The principal residence is overseas. I also informed a handful of days after filing the case the Trustee and U.S. Trustee that the client resides overseas, too. However, the creditor is quite rich and is represented by counsel who are looking at everything with a magnifying glass. So, I'm wondering if a different approach would have been more "accurate" in these circumstances.
The post was migrated from Yahoo.