Central District Consumer Bankruptcy Attorney's Association

So presumably a motion would qualify.
On Apr 28, 2017 6:07 AM, "AttyChristine attorneychristine@gmail.com
[cdcbaa]" wrote:
>
>
> You only need a "contested matter" to invoke the power.
>
> Sent from my iPhone
>
> On Apr 27, 2017, at 9:33 AM, 'Mark J. Markus' bklawr@yahoo.com [cdcbaa] cdcbaa@yahoogroups.com> wrote:
>
>
>
> For our more litigation oriented members...
>
> Do we as attorneys have the ability to issue subpoenas in the absence of
> an adversary proceeding?
>
> I've been trying to get AMEX to send back statements requested by the
> Trustee in a (now) Chapter 13 case and they have essentially stated the
> only way they will produce them is via subpoena.
>
> I seem to recall in my distant past being able to do this in connection
> with a bankruptcy case, but that might have been only in a Chapter 11 where
> I was representing the DIP.
>
> Anyone know? I realize I can put the onus on the actual Ch. 13 trustee to
> do this, but I just wondered if I could do it without an adversary.
>
> --
>
> *************************
> 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.
>
>
>
So presumably a motion would qualify.On Apr 28, 2017 6:07 AM, "AttyChristine attorneychristine@gmail.com [cdcbaa]" <cdcbaa@yahoogroups.com> wrote:
You only need a "contested matter" to invoke the power. Sent from my iPhoneOn Apr 27, 2017,
The post was migrated from Yahoo.

You only need a "contested matter" to invoke the power.
Sent from my iPhone
> On Apr 27, 2017, at 9:33 AM, 'Mark J. Markus' bklawr@yahoo.com [cdcbaa] wrote:
>
> For our more litigation oriented members...
>
> Do we as attorneys have the ability to issue subpoenas in the absence of an adversary proceeding?
>
> I've been trying to get AMEX to send back statements requested by the Trustee in a (now) Chapter 13 case and they have essentially stated the only way they will produce them is via subpoena.
>
> I seem to recall in my distant past being able to do this in connection with a bankruptcy case, but that might have been only in a Chapter 11 where I was representing the DIP.
>
> Anyone know? I realize I can put the onus on the actual Ch. 13 trustee to do this, but I just wondered if I could do it without an adversary.
>
>
> --
>
> *************************
> 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.
>

The post was migrated from Yahoo.

why can't you do a 2004 examination?
Respectfully,
Baruch C. Cohen, Esq.
Law Office of Baruch C. Cohen, APLC
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The post was migrated from Yahoo.

You should be able to obtain a 2004 Examination order and issue the
applicable subpoena to ensure compliance.
Very truly yours,
Shai Oved
The Law Offices of Shai Oved
7445 Topanga Cyn. Blvd., Suite 220
_Canoga Park, California 91303_ (x-apple-data-detectors://0/0)
Tel: _(818) 992-6588_ (tel:(818)%20992-6588)
Fax: _(818) 992-6511_ (tel:(818)%20992-6511)
Email: ssoesq@aol.com
_www.shaioved.com_ (http://www.shaioved.com/)
________________
The information contained in this email is intended only for the
individual or entity named above and may contain attorney privileged and
confidential information. If the reader of this message is not the intended
recipient, you are hereby notified that any dissemination, distribution, or copy of
this communication is strictly prohibited. If you received this
communication in error, please immediately notify us by the telephone number above
and return any hard copies to us via the postal service.. The Law Offices of
Shai Oved is a debt relief agency which helps people file for bankruptcy
under the Bankruptcy Code. Shai Oved is a Certified Bankruptcy Law Specialist
by The State Bar of California Board of Legal Specialization.
In a message dated 4/27/2017 9:35:52 A.M. Pacific Daylight Time,
cdcbaa@yahoogroups.com writes:
For our more litigation oriented members...
Do we as attorneys have the ability to issue subpoenas in the absence of
an adversary proceeding?
I've been trying to get AMEX to send back statements requested by the
Trustee in a (now) Chapter 13 case and they have essentially stated the only
way they will produce them is via subpoena.
I seem to recall in my distant past being able to do this in connection
with a bankruptcy case, but that might have been only in a Chapter 11 where I
was representing the DIP.
Anyone know? I realize I can put the onus on the actual Ch. 13 trustee todo this, but I just wondered if I could do it without an adversary.
*************************
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 ofLegal 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 forthe use of the addressee only. If you are not the addressee, note that anydisclosure, copy, distribution or use of the contents of this message is
prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed bythe 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 partyany transaction or matter addressed in this communication.
You should be able to obtain a 2004 Examination order and issue the
applicable subpoena to ensure compliance.

Very truly
yours,Shai OvedThe Law Offices of Shai Oved7445 Topanga Cyn. Blvd.,
Suite 220 Canoga Park,
California 91303Tel: (818)
992-6588Fax: (818)
992-6511Email: ssoesq@aol.com
The post was migrated from Yahoo.

For our more litigation oriented members...
Do we as attorneys have the ability to issue subpoenas in the
absence of an adversary proceeding?
I've been trying to get AMEX to send back statements requested by
the Trustee in a (now) Chapter 13 case and they have essentially
stated the only way they will produce them is via subpoena.
I seem to recall in my distant past being able to do this in
connection with a bankruptcy case, but that might have been only in
a Chapter 11 where I was representing the DIP.
Anyone know? I realize I can put the onus on the actual Ch. 13
trustee to do this, but I just wondered if I could do it without an
adversary.
*************************
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.

The post was migrated from Yahoo.