Central District Consumer Bankruptcy Attorney's Association

Charles
I object and say asking for privileged Atty client instructions.
Cleaning up my email, missed this one.
D
Sent from my iPhone
On Jan 25, 2013, at 5:26 PM, Charles Shamash wrote:
> I was at a 341(a) yesterday and the Trustee had a questionnaire with the following question:
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> Did you rearrange your financial affairs in any way in preparation for filing this bankruptcy?
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> What are your thoughts on this? My case was pretty vanilla so I didn as I feel that this would be a violation of privilege.
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> Please chime in your thoughts . . .
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> CS
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> Charles Shamash, Esq.
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> Caceres & Shamash, LLP
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> 8200 Wilshire Boulevard, Suite 400
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> Beverly Hills, CA 90211
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> Tel: (310) 205-3400
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> Cell: (310) 560-4000
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> Fax: (310) 878-8308
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> E-mail: cs@locs.com
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>
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> P Please don't print this e-mail unless it is necessary.
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The post was migrated from Yahoo.

I have read the many responses to this question and I agree that question is
vague. However, I believe tossing in a 611 objection at a 341 will have a
chilling effect on your relationship with the trustee. I tell my clients
that the trustee is like the police dog at the airport, you do not want him
to stop and sniff your luggage.
Trustee questions usually solicit a specific fact or yes/no answer. The
Department of Justice website has the CH7 trustee hand book and a supplement
of required and sample questions which are more direct than that
questionnaire.
http://www.justice.gov/ust/eo/private_t ... /index.htm
Charles, thanks for alerting us about this question. I believe I will
instruct clients to answer with something like:
affairs on the schedules and forms filed with my/our petition.
Does anyone have any thoughts about the above answer?
Best regards
Larry Webb
State Bar of California 229344
Central District California
"A Debt Relief Agency"
Check out my Blog
Larry@webbklaw. com
Law Offices of Larry Webb
484 Mobil Ste 43
Camarillo Ca 93010
P 805.987.1400
F 805.987.2866
C 805.750.2150

The post was migrated from Yahoo.

Readyyyyy, Sett, Hut.
My play book is a little different from yours. It begins with a zealous
defense like Ray Lewis of the
BRavens (Baltimore Ravens). I would make the Trustee punt into the wind
by stating that he can catch all the answers in the SOFAs. If he persists I
would ask the refs to flag him for illegal procedure unless
he can prove otherwise. Of course I can't tell how the game will be
decided now so I would save a few shots like lining up in the "Pistol" and running the "Read Option" And don't worry coaches and coachettes too,
I am not on P.E.Ds.
Robert Suhajda, MS, CPA
Attorney, Litigator In Training
In a message dated 1/26/2013 10:30:58 A.M. Pacific Standard Time,
larry@lsimonslaw.com writes:
Don't you want to cooperate with a trustee so your client does not face asubsequent contempt motion and/or 727 complaint?
Sent from my Blackberry

The post was migrated from Yahoo.

When a trustee is on a fishing trip give them a red herring. I would say"An attorney was hired who
advised me to file for bankruptcy."
Robert Suhajda, MS, CPA
Attorney
In a message dated 1/26/2013 7:31:32 A.M. Pacific Standard Time,
nsnassif@pacbell.net writes:
I warn my clients about the time deadlines for paying third parties and
relatives back. I also warn them about transferring assets. I also warnthem about charging on their credit cards and filing soon thereafter. So most
of my clients would answer Yes- only by stop paying creditors when they
ran out of money and paying me for my attorneys fees and costs. I know that
should be a yes, but I would tell them to answer that way.
Nicholas S. Nassif, Esq.
LAW OFFICES OF NICHOLAS S. NASSIF
3055 Wilshire Blvd.
Suite 900
Los Angeles, CA 90010
Tel: 213-736-1899 Fax: 213- 736-5656
_nsnassif@pacbell.net_ (mailto:nsnassif@pacbell.net)
Margaret Norman, ESQ
Sent: Friday, January 25, 2013 6:09 PM
To: cdcbaa@yahoogroups.com
Subject: RE: [cdcbaa] Question for the Group for Input
Its a 341 (a)questionaire meant to be answered by the debtor, many of
whom are not represented, and many who do not speak English well. We have all
been startled to hear debtors comment at a 341 (a) that they gave money toa relative, or transferred ownership of a business. I suppose that the trustee is hoping to come up with one question that will elicit that
information and save some time. Attorneys counsel their clients--what to do and
what not to do. Our clients truthfully say "I paid my creditors until I
ran out of money and had to file bankruptcy". But I have had clients tellme that some of the "paralegal" outfits actually suggest clients max out
their credit cards, or transfer ownership of items.
Margaret Norman, Attny
111 N. Sepulveda Blvd. #355
Manhattan Beach, Ca. 90266
310-376-7873
Fax 310-798-0846
[_mailto:cdcbaa@yahoogroups.com_ (mailto:cdcbaa@yahoogroups.com) ] On Behalf Of Steven
B. Lever
Sent: Friday, January 25, 2013 5:36 PM
To: _cdcbaa@yahoogroups.com_ (mailto:cdcbaa@yahoogroups.com)
Subject: RE: [cdcbaa] Question for the Group for Input
Hmm. Cheeky to be sure. Its not asking for attorney/ client privileged
information, just what they actually did. I think youre right to object
on vagueness. What does the Trustee mean by financial affairs?Everyone rearranges their financial affairs in preparation for filing bankruptcy
by paying their attorney at the very least. They stop paying their
creditors if they were before and pay the attorney instead. Which is right and
proper as far as Im concerned since thats how I make my living as do
others here.
However, its just a 341A questionnaire, so I wouldnt want to argue it
an adversary proceeding so I guess whatever ignores it would be better. [_mailto:cdcbaa@yahoogroups.com_ (mailto:cdcbaa@yahoogroups.com) ] On Behalf Of
Charles Shamash
Sent: Friday, January 25, 2013 5:27 PM
To: _cdcbaa@yahoogroups.com_ (mailto:cdcbaa@yahoogroups.com)
Subject: [cdcbaa] Question for the Group for Input
I was at a 341(a) yesterday and the Trustee had a questionnaire with the
following question:
n for
filing this bankruptcy?
What are your thoughts on this? My case was pretty vanilla so I didncare, but otherwise I would have left it blank or written OBJECTION as I feel
that this would be a violation of privilege.
Please chime in your thoughts . . .
CS
Charles Shamash, Esq.
Caceres & Shamash, LLP
8200 Wilshire Boulevard, Suite 400
Beverly Hills, CA 90211
Tel: (310) 205-3400
Cell: (310) 560-4000
Fax: (310) 878-8308
E-mail: _cs@locs.com_ (mailto:cs@locs.com)
P Please don't print this e-mail unless it is necessary.
When a trustee is on a fishing trip give them a red herring. I would
say "An attorney was hired who
advised me to file for bankruptcy."

Robert Suhajda, MS, CPA
Attorney

In a message dated 1/26/2013 7:31:32 A.M. Pacific Standard Time,
nsnassif@pacbell.net writes:




I warn my clients about the time deadlines for paying third
parties and relatives back. I also warn them about transferring
assets. I also warn them about charging on their credit cards and filing
soon thereafter. So most of my clients would answer Yes- only by stop
paying creditors when they ran out of money and paying me for my attorneys
fees and costs. I know that should be a yes, but I would tell them to
answer that way.


Nicholas S. Nassif,
Esq.
LAW OFFICES OF NICHOLAS S.
NASSIF
3055 Wilshire
Blvd.
Suite 900
Los Angeles, CA
90010
Tel: 213-736-1899
Fax: 213- 736-5656

The post was migrated from Yahoo.

I warn my clients about the time deadlines for paying third parties and
relatives back. I also warn them about transferring assets. I also warn
them about charging on their credit cards and filing soon thereafter. So
most of my clients would answer Yes- only by stop paying creditors when they
ran out of money and paying me for my attorneys fees and costs. I know that
should be a yes, but I would tell them to answer that way.
Nicholas S. Nassif, Esq.
LAW OFFICES OF NICHOLAS S. NASSIF
3055 Wilshire Blvd.
Suite 900
Los Angeles, CA 90010
Tel: 213-736-1899 Fax: 213- 736-5656
nsnassif@pacbell.net

The post was migrated from Yahoo.

It's a 341 (a)questionaire meant to be answered by the debtor, many of whom are not represented, and many who do not speak English well. We have all been startled to hear debtors comment at a 341 (a) that they gave money to a relative, or transferred ownership of a business. I suppose that the trustee is hoping to come up with one question that will elicit that information and save some time. Attorneys counsel their clients--what to do and what not to do. Our clients truthfully say "I paid my creditors until I ran out of money and had to file bankruptcy". But I have had clients tell me that some of the "paralegal" outfits actually suggest clients max out their credit cards, or transfer ownership of items.
Margaret Norman, Attny
111 N. Sepulveda Blvd. #355
Manhattan Beach, Ca. 90266
310-376-7873
Fax 310-798-0846

The post was migrated from Yahoo.

Your advice is to inform the client of the laws, not to participate in any attempt to help the client avoid payment to creditors.
Catherine Christiansen
________________________________
To: "cdcbaa@yahoogroups.com"
Sent: Friday, January 25, 2013 5:42 PM
Subject: RE: [cdcbaa] Question for the Group for Input
What if you did some exemption pre-planning? Or arranging legitimately. In a personal case shouldnt your advice be privileged/protected. Whole purpose of client coming in to see you and seek advice.individual case. My concern was not this case, but others. Many of us have had dicey cases that require finessing often.
CS
Charles Shamash, Esq.
Caceres & Shamash, LLP
8200 Wilshire Boulevard, Suite 400
Beverly Hills, CA 90211
Tel: (310) 205-3400
Cell: (310) 560-4000
Fax: (310) 878-8308
E-mail: cs@locs.com
PPlease don't print this e-mail unlessit is necessary.
From:cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] On Behalf Of Leventhal Law Group, P.C.
Sent: Friday, January 25, 2013 5:40 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Question for the Group for Input
On what basis do you think it's a violation of privilege? It's a legitimate Trustee question. Not that I like it...but...
Jonathan Leventhal, Esq..
Leventhal Law Group, P.C.
818-347-5800
NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice for ex parte Applications via voicemail or by email. You must comply with California Law and give notice to a person in my office during regular business hours.
This email and any attachments thereto may contain private, confidential, and privileged material for the sole use of the intended recipient. Any review, copying, or distribution of this email (or any attachments thereto) by others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and permanently delete the original and any copies of this email and any attachments thereto.
Leventhal Law Group, P.C. is a Debt Relief Agency under federal law.
Note: The Leventhal Law Group, P.C. does not represent you until a written fee agreement has been signed by you and a representative of the Leventhal Law Group, P.C. and all fees listed in the agreement have been paid.
On Jan 25, 2013, at 5:26 PM, "Charles Shamash" wrote:
>I was at a 341(a) yesterday and the Trustee had a questionnaire with the following question:
>
>Did you rearrange your financial affairs in any way in preparation for filing this bankruptcy?
>
>What are your thoughts on this? My case was pretty vanilla so I didnION as I feel that this would be a violation of privilege.
>
>Please chime in your thoughts . . .
>
>CS
>
>Charles Shamash, Esq.
>Caceres & Shamash, LLP
>8200 Wilshire Boulevard, Suite 400
>Beverly Hills, CA 90211
>Tel: (310) 205-3400
>Cell: (310) 560-4000
>Fax: (310) 878-8308
>E-mail: cs@locs.com
>
>PPlease don't print this e-mail unlessit is necessary.
>

The post was migrated from Yahoo.

If I said anything it would be in a Chapter 13 that yes, the debtor did everything possible to lower all bills to leave a bigger dividend to the unsecured creditors. ) but I don't think you were at a Chapter 13 341(a),but, I think the answer for a Chapter 7 would be that the debtor did everything possible to prevent filing, however, the situation was hopeless and that is what the bankruptcy laws are there for, honest debtors who need a fresh start.
________________________________
To: cdcbaa@yahoogroups.com
Sent: Friday, January 25, 2013 5:34 PM
Subject: Re: [cdcbaa] Question for the Group for Input
Chapter 7 or 13

The post was migrated from Yahoo.

The post was migrated from Yahoo.

Hmm. Cheeky to be sure. It's not asking for attorney/ client privileged information, just what they actually did. I think you're right to object on vagueness. What does the Trustee mean by "financial affairs?". Everyone rearranges their financial affairs in preparation for filing bankruptcy by paying their attorney at the very least. They stop paying their creditors if they were before and pay the attorney instead. Which is right and proper as far as I'm concerned since that's how I make my living as do others here.
However, it's just a 341A questionnaire, so I wouldn't want to argue it an adversary proceeding so I guess whatever ignores it would be better.

The post was migrated from Yahoo.