.jpg)
subpoena
Yes
On Nov 16, 2015 7:15 PM, "cdcbaa cdcbaamailbox@gmail.com [cdcbaa]" wrote:
>
>
> I am guessing you have been served a subpoena directed to your debtor the
> client? It has to be served on the client and on you. Keep in mind, in
> bk, service by mail is ok, so mail service to the debtor is sufficient.
>
> But you cannot ignore it. File a motion to quash service.
>
> d
>
> Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503
> 310-328-1001-voice
> [image: cid:part1.03050307.05030101@bklaw.com]
>
> On Nov 12, 2015, at 4:05 PM, Kirk Brennan kirkinhermosa@gmail.com
> [cdcbaa] wrote:
>
>
>
> Does a subpoena to produce documents (B257) have to be personally served
> on the bankruptcy debtor? Or can it just be mailed to debtor's attorney?
>
> I represent the debtor and want to see if a response to the subpoena is
> required. I reviewed FRCP 45.
>
> Thanks,
>
> --
> 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
On Nov 16, 2015 7:15 PM, "cdcbaa cdcbaamailbox@gmail.com [cdcbaa]" <cdcbaa@yahoogroups.com> wrote:
The post was migrated from Yahoo.
I am guessing you have been served a subpoena directed to your debtor the client? It has to be served on the client and on you. Keep in mind, in bk, service by mail is ok, so mail service to the debtor is sufficient.
But you cannot ignore it. File a motion to quash service.
d
Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
> On Nov 12, 2015, at 4:05 PM, Kirk Brennan kirkinhermosa@gmail.com [cdcbaa] wrote:
>
> Does a subpoena to produce documents (B257) have to be personally served on the bankruptcy debtor? Or can it just be mailed to debtor's attorney?
>
> I represent the debtor and want to see if a response to the subpoena is required. I reviewed FRCP 45.
>
> Thanks,
>
> --
> 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.
>
On Nov 12, 2015, at 4:05 PM, Kirk Brennan kirkinhermosa@gmail.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
Does a subpoena to produce documents (B257) have to be
personally served on the bankruptcy debtor? Or can it just be mailed to
debtor's attorney?I represent the debtor and want to see if a response to the subpoena is required. I reviewed FRCP 45.Thanks,-- Kirk BrennanCONFIDENTIALITY 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.
The post was migrated from Yahoo.
Yes, federal bankruptcy subpoena. Not state.
On Nov 13, 2015 1:37 PM, "'Steven B. Lever' sblever@leverlaw.com [cdcbaa]" wrote:
>
>
> I take it that it was a federal subpoena with the Chapter 7 information
> and not one from the state that would be stayed.
>
>
>
> I dont think they can just issue a subpoena. Otherwise, what would be the
> point of a 2004 Exam?
>
>
>
> I cannot say Ive done a full analysis, but I dont think he needs to
> comply at all regardless of whom it was served upon, even if it is a
> subpoena in this bankruptcy case.
>
>
>
> Throw it back to the attorney and ask for the authority that a mere
> subpoena is sufficient to compel production in a Chapter 7 case.
>
>
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
> *Sent:* Friday, November 13, 2015 9:53 AM
> *To:* Cdcbaa Yahoo Listserv
> *Subject:* Re: [cdcbaa] subpoena
>
>
>
>
>
> I received a subpoena addressed to my chapter 7 debtor client (from a
> creditor of the debtor) demanding production of documents.
>
> I'm wondering if a response to the subpoena is required since it was not
> served on the debtor personally.
>
> Case is not in CDCA.
>
>
>
> On Thu, Nov 12, 2015 at 7:35 PM, 'Steven B. Lever' sblever@leverlaw.com
> [cdcbaa] wrote:
>
>
>
> Kirk:
>
>
>
> Subpoenas are usually for non-parties (excuse hyphenation please). That
> would be redundant to a 2004 exam. What are you trying to do?
>
>
>
> Steve
>
>
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
> *Sent:* Thursday, November 12, 2015 4:06 PM
> *To:* Cdcbaa Yahoo Listserv
> *Subject:* [cdcbaa] subpoena
>
>
>
>
>
> Does a subpoena to produce documents (B257) have to be personally served
> on the bankruptcy debtor? Or can it just be mailed to debtor's attorney?
>
> I represent the debtor and want to see if a response to the subpoena is
> required. I reviewed FRCP 45.
>
> Thanks,
>
> --
>
> 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, federal bankruptcy subpoena. Not state.
On Nov 13, 2015 1:37 PM, "'Steven B. Lever' sblever@leverlaw.com [cdcbaa]" <cdcbaa@yahoogroups.com> wrote:
I take it that it was a federal subpoena with the Chapter 7 information and not one from the state that would be stayed.
I dont think they can just issue a subpoena. Otherwise, what would be the point of a 2004 Exam?
I cannot say I all regardless of whom it was served upon, even if it is a subpoena in this bankruptcy case.
Throw it back to the attorney and ask for the authority that a mere subpoena is sufficient to compel production in a Chapter 7 case.
From: cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
Sent: Friday, November 13, 2015 9:53 AM
To: Cdcbaa Yahoo Listserv <cdcbaa@yahoogroups.com>
Subject: Re: [cdcbaa] subpoena
I received a subpoena addressed to my chapter 7 debtor client (from a creditor of the debtor) demanding production of documents.
I'm wondering if a response to the subpoena is required since it was not served on the debtor personally.
Case is not in CDCA.
On Thu, Nov 12, 2015 at 7:35 PM, 'Steven B. Lever'
sblever@leverlaw.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
Kirk:
Subpoenas are usually for non-parties (excuse hyphenation please). That would be redundant to a 2004 exam. What are you trying to do?
Steve
From:
cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
Sent: Thursday, November 12, 2015 4:06 PM
To: Cdcbaa Yahoo Listserv <cdcbaa@yahoogroups.com>
Subject: [cdcbaa] subpoena
Does a subpoena to produce documents (B257) have to be personally served on the bankruptcy debtor? Or can it just be mailed to debtor's attorney?
I represent the debtor and want to see if a response to the subpoena is required. I reviewed FRCP 45.
Thanks,
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.
The post was migrated from Yahoo.
I received a subpoena addressed to my chapter 7 debtor client (from a
creditor of the debtor) demanding production of documents.
I'm wondering if a response to the subpoena is required since it was not
served on the debtor personally.
Case is not in CDCA.
On Thu, Nov 12, 2015 at 7:35 PM, 'Steven B. Lever' sblever@leverlaw.com
[cdcbaa] wrote:
>
>
> Kirk:
>
>
>
> Subpoenas are usually for non-parties (excuse hyphenation please). That
> would be redundant to a 2004 exam. What are you trying to do?
>
>
>
> Steve
>
>
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
> *Sent:* Thursday, November 12, 2015 4:06 PM
> *To:* Cdcbaa Yahoo Listserv
> *Subject:* [cdcbaa] subpoena
>
>
>
>
>
> Does a subpoena to produce documents (B257) have to be personally served
> on the bankruptcy debtor? Or can it just be mailed to debtor's attorney?
>
> I represent the debtor and want to see if a response to the subpoena is
> required. I reviewed FRCP 45.
>
> Thanks,
>
> --
>
> 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.
I received a subpoena addressed to my chapter 7 debtor client (from a creditor of the debtor) demanding production of documents.I'm wondering if a response to the subpoena is required since it was not served on the debtor personally.Case is not in CDCA.
The post was migrated from Yahoo.
Does a subpoena to produce documents (B257) have to be personally served on
the bankruptcy debtor? Or can it just be mailed to debtor's attorney?
I represent the debtor and want to see if a response to the subpoena is
required. I reviewed FRCP 45.
Thanks,
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.
Does a subpoena to produce documents (B257) have to be
personally served on the bankruptcy debtor? Or can it just be mailed to
debtor's attorney?I represent the debtor and want to see if a response to the subpoena is required. I reviewed FRCP 45.Thanks,-- Kirk BrennanCONFIDENTIALITY 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.
The post was migrated from Yahoo.