Attorney as Debtor - will Ch 7 trustee make sole prop
Posted: Tue Mar 13, 2012 8:13 am
the business assets back to the debtor
On Mon, Mar 12, 2012 at 11:25 PM, Kirk Brennan wrote:
> **
>
>
> Motion to abandon what? The commercial lease?
> On Mar 12, 2012 10:42 PM, "Giovanni Orantes" wrote:
>
>> **
>>
>>
>> I don't take the chance if there is an actual commercial lease involved.
>> We always file a motion to abandon on negative notice as soon as possible
>> after we file the case. You have to get the filing fee and some attorneys'
>> fees for the work (I've done it for virtually just the filing fee in the
>> past, but I hear it's best to get paid for your work, especially when you
>> have to make payroll). Watch how quickly your client turns on you if the
>> trustee tells him to go and shut down the business immediately. I've seen
>> it happen.
>>
>> On Mon, Mar 12, 2012 at 10:00 PM, Holly Roark wrote:
>>
>>> **
>>>
>>>
>>> So far I have not had a Chapter 7 trustee ask any sole proprietor client
>>> to shut down his/her business when they file chapter 7 since in all such
>>> cases I've had, the debtors were operating very small solo businesses, such
>>> as a beautician, a mechanic, or a home business of some kind. I am filing
>>> a chapter 7 for a sole proprietor attorney soon and am wondering whether a
>>> Chapter 7 trustee in the CDCA would be likely to shut him down for the
>>> duration of the Chapter 7 case? There are receivables we can't exempt
>>> which the trustee may want to go after (though their collectibility is
>>> doubtful), so this case *may* be an asset case.
>>> What do you think?
>>>
>>> Holly Roark
>>> holly@roarklawoffices.com
>>> www.roarklawoffices.com
>>> Central District of California
>>> Consumer Bankruptcy Attorney
>>> 1875 Century Park East, Suite 600
>>> Los Angeles, CA 90067
>>> T (310) 553-2600
>>> F (310) 553-2601
>>>
>>>
>>>
>>
>>
>> --
>> Giovanni Orantes, Esq.
>> Orantes Law Firm, P.C.
>> 3435 Wilshire Blvd. Suite 1980
>> Los Angeles, CA 90010
>> Tel: (213) 389-4362
>> Fax: (877) 789-5776
>> e-mail: go@gobklaw.com
>> website: www.gobklaw.com
>>
>> WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
>>
>> SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN
>> BERNARDINO AND SANTA BARBARA.
>>
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>>
>
Giovanni Orantes, Esq.
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 1980
Los Angeles, CA 90010
Tel: (213) 389-4362
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
AND SANTA BARBARA.
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.
the business assets back to the debtorOn Mon, Mar 12, 2012 at 11:25 PM, Kirk Brennan <
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