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Who owns malpractice claim against bankruptcy attorney
This was surprising when I found out about it just because malpractice is
such a personal thing. But if you think about it, virtually anything done
on or before a petition is filed belongs to the Estate.
Sincerely,
*Michael Avanesian, Esq. *
Avanesian Law firm
101 N. Brand Blvd, PH 1920
Glendale, CA 91203
Office: 818.276.2477
Fax: 818.208.4550
On Tue, Jan 20, 2015 at 6:00 PM, Havkin Stella havkinlaw@earthlink.net
[cdcbaa] wrote:
>
>
> Very complicated analysis. It depends on whether the debtor was involved
> in failing to provide information to the attorney. If the filing is purely
> based on bad advice to file the bk by the attorney, it belongs to the
> Chapter 7 trustee. If the bk was screwed up after the filing, then belongs
> to the debtor. You have to analyze when the damages took place.
>
> -----Original Message-----
> Sent: Jan 20, 2015 5:44 PM
> To: "cdcbaa@yahoogroups.com"
> Subject: [cdcbaa] Who owns malpractice claim against bankruptcy attorney
>
> If a bankruptcy should never have been filed or was botched, does the
> debtor own the claim or is the Chapter trustee?
>
> --
> Giovanni Orantes, Esq.*
> 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
> Commercial Litigation
> Estate Planning
> Outside General Counsel
>
> WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
>
> SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
> AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
>
> Note: The information contained in this e-mail message is confidential
> information intended only for the use of the individual or entity named. If
> the reader of this message is not the intended recipient or an agent
> responsible for delivering it to the intended recipient, you are hereby
> notified that any dissemination, distribution or copy of this communication
> is strictly prohibited. If you have received this communication in error,
> please immediately notify us by telephone or e-mail and delete the original
> e-mail at (213) 389-4362 or (888) 619-8222.
>
> IRS Circular 230 Disclosure: In order to comply with requirements imposed
> by the Internal Revenue Service, we inform you that any U.S. tax advice
> contained in this communication (including any attachments) is not intended
> 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 herein.
>
>
>
This was surprising when I found out about it just because malpractice is such a personal thing. But if you think about it, virtually anything done on or before a petition is filed belongs to the Estate.ail_signature">Sincerely,
The post was migrated from Yahoo.
Very complicated analysis. It depends on whether the debtor was involved in failing to provide information to the attorney. If the filing is purely based on bad advice to file the bk by the attorney, it belongs to the Chapter 7 trustee. If the bk was screwed up after the filing, then belongs to the debtor. You have to analyze when the damages took place.
-----OrigBAA@YAHOOGROUPS.COM>Sent: Jan 20, 2015 5:44 PM To: "cdcbaa@yahoogroups.com" Subject: [cdcbaa] Who owns malpractice claim against bankruptcy attorney If a bankruptcy should never have been filed or was botched, does thedebtor own the claim or is the Chapter trustee?-- Giovanni Orantes, Esq.*Orantes Law Firm, P.C.3435 Wilshire Blvd. Suite 2920Los Angeles, CA 90010Tel: (213) 389-4362Fax: (877) 789-5776e-mail: go@gobklaw.comwebsite: www.gobklaw.com*Board Certified - Business Bankruptcy Law - American Board of Certification*Board Certified - Consumer Bankruptcy Law - American Board of CertificationCommercial LitigationEstate PlanningOutside General CounselWE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINOAND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.Note: The information contained in this e-mail message is confidentialinformation intended only for the use of the individual or entity named. Ifthe reader of this message is not the intended recipient or an agentresponsible for delivering it to the intended recipient, you are herebynotified that any dissemination, distribution or copy of this communicationis strictly prohibited. If you have received this communication in error,please immediately notify us by telephone or e-mail and delete the originale-mail at (213) 389-4362 or (888) 619-8222.IRS Circular 230 Disclosure: In order to comply with requirements imposedby the Internal Revenue Service, we inform you that any U.S. tax advicecontained in this communication (including any attachments) is not intendedto be used, and cannot be used, for the purpose of (i) avoiding penaltiesunder the Internal Revenue Code or (ii) promoting, marketing, orrecommending to another party any transaction or matter addressed herein.
The post was migrated from Yahoo.
If a bankruptcy should never have been filed or was botched, does the
debtor own the claim or is the Chapter trustee?
Giovanni Orantes, Esq.*
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
Commercial Litigation
Estate Planning
Outside General Counsel
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
Note: The information contained in this e-mail message is confidential
information intended only for the use of the individual or entity named. If
the reader of this message is not the intended recipient or an agent
responsible for delivering it to the intended recipient, you are hereby
notified that any dissemination, distribution or copy of this communication
is strictly prohibited. If you have received this communication in error,
please immediately notify us by telephone or e-mail and delete the original
e-mail at (213) 389-4362 or (888) 619-8222.
IRS Circular 230 Disclosure: In order to comply with requirements imposed
by the Internal Revenue Service, we inform you that any U.S. tax advice
contained in this communication (including any attachments) is not intended
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 herein.
If a bankruptcy should never have been filed or was botched, does the debtor own the claim or is the Chapter trustee?-- Giovanni Orantes, Esq.*Orantes Law Firm, P.C.3435 Wilshire Blvd. Suite 2920Los Angeles, CA 90010Tel: (213) 389-4362Fax: (877) 789-5776e-mail: go@gobklaw.comwebsite:
The post was migrated from Yahoo.