what address to use when Jurisdiction based on property
Posted: Thu Jun 20, 2013 3:13 pm
Yes, it was accepted. As it should be
On Jun 20, 2013 2:35 PM, "Mark J. Markus" wrote:
> **
>
>
> Thanks, I'm aware of all that. I just needed to know if ECF will accept a
> foreign address on the petition. I've tried it in the past and it didn't
> work.
>
> *************************
> Mark J. Markus
> Law Office of Mark J. Markus
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2652
> (818)509-1173 (818)509-1460 (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 (see what this means
> at
> http://www.bklaw.com/bankruptcy-blog/20 ... efinition/
> )
> ________________________________________________
> 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.
> On 6/20/2013 1:19 PM, Kirk Brennan wrote:
>
> 3 days after the filing, the judge sua sponte (in Riverside) filed
> an OSC re dismissal for improper venue. It was a skeletal filing.
> No action by the UST.
> The subsequently filed Schedules and Declaration of Debtor clearly
> establish venue based on location of principal assets under 28 USC 1408.
>
> Note that the 28 USC 1408 bases for venue are in the alternative so you
> could actually have a case where venue is proper in several different US
> districts.
> Here is an example:
> Debtor resides in state A
> Debtor's domicile is in state B
> The location of Debtors principal assets in the US during the 180 day
> period prior to the filing is in state C
> Thus Debtor could properly file under 28 USC 1408 in state A, B, or C.
>
> There is case law that states that Debtor is entitled to a presumption
> that district in which it filed its case is the proper venue. See HSBC Bank
> USA v. Handel (In re Handel), 253 B.R. 308 (1st Cir. BAP 2000).
>
>
>
> On Thu, Jun 20, 2013 at 12:29 PM, Mark J. Markus wrote:
>
>>
>>
>> Kirk:
>>
>> Did ECF accept the foreign address on the face of the petition? And, if
>> so, any blowback from the OUST?
>>
>> *************************
>> Mark J. Markus
>> Law Office of Mark J. Markus
>> 11684 Ventura Blvd. PMB #403
>> Studio City, CA 91604-2652
>> (818)509-1173 (818)509-1460 (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 (see what this means
>> at
>> http://www.bklaw.com/bankruptcy-blog/20 ... efinition/
>> )
>> ________________________________________________
>> 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.
>> On 6/20/2013 12:27 PM, Kirk Brennan wrote:
>>
>> If the residence is overseas, I wouldn't use a local address. I would
>> use the overseas address. Just did this for a Canadian client with assets
>> in the CDCA.
>>
>>
>>
>> On Thu, Jun 20, 2013 at 11:20 AM, Giovanni Orantes wrote:
>>
>>>
>>> I did, but used the mailing address here as the "residence" here. The
>>> principal residence is overseas. I also informed a handful of days after
>>> filing the case the Trustee and U.S. Trustee that the client resides
>>> overseas, too. However, the creditor is quite rich and is represented by
>>> counsel who are looking at everything with a magnifying glass. So, I'm
>>> wondering if a different approach would have been more "accurate" in these
>>> circumstances.
>>>
>>
>>
>>
>> --
>> Kirk Brennan
>>
>> CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
>> exclusive and confidential use of the intended recipient. If you are not
>> the intended recipient, please do not read, distribute or take action in
>> reliance on this message. If you have received this message in error,
>> please notify us immediately by return e-mail and promptly delete this
>> message and its attachments from your computer system. We do not waive
>> attorney-client or work product privilege by the transmission of this
>> message.
>> TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
>> constitute a "reliance opinion" as defined in IRS Circular 230 and may not
>> be used to establish reasonable reliance on the opinion of counsel for the
>> purpose of avoiding the penalty imposed by Section 6662A of the Internal
>> Revenue Code. The firm provides reliance opinions only in formal opinion
>> letters containing the signature of a director.
>>
>>
>>
>
>
> --
> Kirk Brennan
>
> CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
> exclusive and confidential use of the intended recipient. If you are not
> the intended recipient, please do not read, distribute or take action in
> reliance on this message. If you have received this message in error,
> please notify us immediately by return e-mail and promptly delete this
> message and its attachments from your computer system. We do not waive
> attorney-client or work product privilege by the transmission of this
> message.
> TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
> constitute a "reliance opinion" as defined in IRS Circular 230 and may not
> be used to establish reasonable reliance on the opinion of counsel for the
> purpose of avoiding the penalty imposed by Section 6662A of the Internal
> Revenue Code. The firm provides reliance opinions only in formal opinion
> letters containing the signature of a director.
>
>
>
>
Yes, it was accepted. As it should be
On Jun 20, 2013 2:35 PM, "Mark J. Markus" <bklawr@yahoo.com> wrote:
Thanks,
I'm aware of all that. I just needed to know if ECF will accept
a foreign address on the petition. I've tried it in the past
and it didn't work.
*************************
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (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 (see what
this means at
http://www.bklaw.com/bankruptcy-blog/20 ... efinition/)
The post was migrated from Yahoo.