Amendments: Which form version to use?
The Court's position is not ambiguous. Everything filed on or after
December 1, 2015 must be on the new forms or it will be rejected as never
having been filed. I have heard it from the Chief judge on two separate
occasions and from the Clerk of the Court.
In reality, it looks like the clerks are ignoring this rule. Probably
because they realized they get thousands of incorrect documents each day
and would not have the man power to reject all those documents.
Personally, I would never use an old form when a new one is available. Say
they update the relief from stay form. Well your case was filed in 2011 so
you want to use the old version. How does that make sense?
Sincerely,
*Michael Avanesian, Esq. *
Avanesian Law Firm
801 N. Brand Blvd., Suite #1130
Glendale, CA 91203
Tel: 818.276.2477 | Fax: 818.208.4550
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On Tue, Dec 29, 2015 at 10:07 AM, sam@southbaybk.com [cdcbaa] wrote:
>
>
> I have filed an amended A ,C and D on old forms in two different cases
> with no issues. The ECF confirmation suggests that this is indeed proper -
> by stating the following on my amended A and C: *Schedule A (Official
> Form B6A) - Real Property (For Cases filed before 12/01/2015). *
>
>
>
>
The Court's position is not ambiguous. Everything filed on or after December 1, 2015 must be on the new forms or it will be rejected as never having been filed. I have heard it from the Chief judge on two separate occasions and from the Clerk of the Court.In reality, it looks like the clerks are ignoring this rule. Probably because they realized they get thousands of incorrect documents each day and would not have the man power to reject all those documents.Personally, I would never use an old form when a new one is available. Say they update the relief from stay form. Well your case was filed in 2011 so you want to use the old version. How does that make sense?ass"gmail_signature">
The post was migrated from Yahoo.
Keith;
i called the ecf help line, last week and was told the opposite.
d
Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
> On Dec 26, 2015, at 8:17 AM, Keith Higginbotham cdcbaacheck@aol.com [cdcbaa] wrote:
>
> NEW forms. If you file an Amended Form on the old forms the Clerk will process it but you will get a deficiency notice from the Court and it will be as if "no Amended form has been filed. FYI.
>
>
> Keith Higginbotham
> cdcbaacheck@aol.com
>
>
> -----Original Message-----
> To: cdcbaa
> Sent: Fri, Dec 25, 2015 11:50 pm
> Subject: [cdcbaa] Amendments: Which form version to use?
>
>
> Is there yet a consensus on whether when filing amended schedules now we're supposed to use the same form version that was filed with the original petition in the case, or the new forms, or either?
>
> I suspect the Trustees would prefer the forms to be the same version.
>
> Happy Holidays everyone.
>
> *************************
> Mark J. Markus
> Law Office of Mark J. Markus
> Mailing Address Only:
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2652
> (818)509-1173 (818)332-1180 (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
> ________________________________________________
> 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.
>
i called the ecf help line, last week and was told the opposite.dDennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voiceOn Dec 26, 2015, at 8:17 AM, Keith Higginbotham cdcbaacheck@aol.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
NEW forms. If you file an Amended Form on the old forms the Clerk will process it but you will get a deficiency notice from the Court and it will be as if "no Amended form has been filed. FYI.
Keith Higginbotham
cdcbaacheck@aol.com
-----Original Message-----
[cdcbaa] <cdcbaa@yahoogroups.com>
To: cdcbaa <cdcbaa@yahoogroups.com>
Sent: Fri, Dec 25, 2015 11:50 pm
Subject: [cdcbaa] Amendments: Which form version to use?
Is there yet a consensus on whether when filing amended schedules
now we're supposed to use the same form version that was filed with
the original petition in the case, or the new forms, or either?
I suspect the Trustees would prefer the forms to be the same
version.
Happy Holidays everyone.
*************************
Mark J. Markus
Law Office of Mark J. Markus
Mailing Address Only:
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)332-1180 (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
The post was migrated from Yahoo.
NEW forms. If you file an Amended Form on the old forms the Clerk will process it but you will get a deficiency notice from the Court and it will be as if "no Amended form has been filed. FYI.
Keith Higginbotham
cdcbaacheck@aol.com
To: cdcbaa
Sent: Fri, Dec 25, 2015 11:50 pm
Subject: [cdcbaa] Amendments: Which form version to use?
Is there yet a consensus on whether when filing amended schedules now we're supposed to use the same form version that was filed with the original petition in the case, or the new forms, or either?
I suspect the Trustees would prefer the forms to be the same version.
Happy Holidays everyone.
*************************
Mark J. Markus
Law Office of Mark J. Markus
Mailing Address Only:
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)332-1180 (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
________________________________________________
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.
NEW forms. If you file an Amended Form on the old forms the Clerk will process it but you will get a deficiency notice from the Court and it will be as if "no Amended form has been filed. FYI.
Keith Higginbotham
cdcbaacheck@aol.com
-----Original Message-----
>
To: cdcbaa <cdcbaa@yahoogroups.com>
Sent: Fri, Dec 25, 2015 11:50 pm
Subject: [cdcbaa] Amendments: Which form version to use?
Is there yet a consensus on whether when filing amended schedules
now we're supposed to use the same form version that was filed with
the original petition in the case, or the new forms, or either?
I suspect the Trustees would prefer the forms to be the same
version.
Happy Holidays everyone.
*************************
Mark J. Markus
Law Office of Mark J. Markus
Mailing Address Only:
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)332-1180 (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
The post was migrated from Yahoo.