address for petition
Posted: Wed Jun 18, 2014 9:08 am
Chapter 3, exclusions from income, of pub 519, but that is probably a nonissue for BK purposes. I think the exclusion from taxability has to do with a treaty rather than residency which I have not researched. However, if I have a personal interest bearing bank account in a NY bank, I do not think I have to file a NY tax return and a CA tax return. Consequently, treatment has to be different for BK purposes.
Bert Kawahara
> On Jun 17, 2014, at 1:03 PM, "John Faucher j.d.faucher@sbcglobal.net [cdcbaa]" wrote:
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> I can't find anything in Pub 519 that puts the residence of the owner as the location of the account. In fact, it says that interest income is deemed to come from the residence of the payer; this suggests that the money generated by an account's interest is sourced from the payer rather than where the payee/taxpayer lives.
> Bert, in your case, even though you've never been to Texas, venue in your personal bankruptcy case would be appropriate there assuming that the account was your principal asset in the U.S.
>
>
> On Tuesday, June 17, 2014 8:33 AM, "BKYahoo bertkawahara@yahoo.com [cdcbaa]" wrote:
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>
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> This rule deals with nonresident aliens. IRS pub 519. However, maybe it has to do with a tax treaty rather than residency and IRS publications can no longer be relied upon. This law was probably changed with the antiterrorism banking laws. My mistake.
>
> A business bank account is different per pub 519.
> BTW, my bank statement shows a bank address in TX. Never been there. Maybe venue is wherever the bank has a branch?
>
> Bert Kawahara
>
>> On Jun 16, 2014, at 10:28 PM, "cdcbaa cdcbaamailbox@gmail.com [cdcbaa]" wrote:
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>>
>> Bert:
>> If that is the rule, it would affect venue. Where did you find that rule?
>>
>> d
>>
>> Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
>>
>>
>>> On Jun 13, 2014, at 7:32 AM, "bert Yahoo bertkawahara@yahoo.com [cdcbaa]" wrote:
>>>
>>>
>>> For income tax purposes, I think an FDIC bank account is considered located where the owner lives. If true, does this affect venue for bankruptcy ?
>>>
>>> Sent from iphone Bert Kawahara
>>>
>>>> On Jun 12, 2014, at 7:54 PM, "cdcbaa cdcbaamailbox@gmail.com [cdcbaa]" wrote:
>>>>
>>>>
>>>> Do not suborn prejury. Venue is proper where the principal assets of the debtor are located in the USA, 28 USC 1408, so the bank account gives venue, but the trick is to hand file the case.
>>>>
>>>> Ecf won't take a case with an address outside the district, so you must hand file the case so the clerks can override the system.
>>>>
>>>> The first clerk will balk, but you must ask for a supervisor and have your code with you. I have insisted the clerks file the cases with an address outside the district and by standing my guns, have gotten them to file the cases.
>>>>
>>>> d
>>>>
>>>> Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
>>>>
>>>>
>>>>> On Jun 12, 2014, at 3:59 PM, "'Mark J. Markus' bklawr@yahoo.com [cdcbaa]" wrote:
>>>>>
>>>>>
>>>>> Great question. I've filed a bunch of these over the years and always wondered if I could just use my office address for the client. Here are my ramblings on the subject.
>>>>>
>>>>> Venue is established by the property located in the USA, not the residence, so it shouldn't affect that.
>>>>>
>>>>> The proper address to put there, of course, is the street address where the debtor resides in the foreign country and then, hopefully, a mailing address in the USA. But that wasn't your question.
>>>>>
>>>>> I don't know that there is any requirement that the debtor even have a "street address", except that now--due to the advent of ECF--it may be a technological requirement. I've had literally homeless clients before, living out of their cars, but to avoid hassles I usually have them put down the address of a friend (which is usually where they get their mail).
>>>>>
>>>>> My belief is that you should be able to use your office address for the client's street address (perhaps putting c/o), but as I mentioned, I'm not so sure that's even necessary. You could use your office address as the mailing address for sure.
>>>>>
>>>>> If you do that, I would attach a sheet that explains why you're using your office address. Worst case scenario is you need to amend the petition.
>>>>>
>>>>> Hope this helps
>>>>>
>>>>> *************************
>>>>> 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)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
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>>>>> On 6/12/2014 3:49 PM, Giovanni Orantes go@gobklaw.com [cdcbaa] wrote:
>>>>>> I have a client who lives overseas but has a judgment against him here in the U.S. and wants to discharge it. He has some money in a bank account in California and still has his California driver's license. However, he does not currently have a residence in the U.S. He would travel here for the 341(a) meeting etc. Does anybody see any problems letting him use my office address for the petition.
>>>>>>
>>>>>> --
>>>>>> Giovanni Orantes, Esq.*
>>>>>> Orantes Law Firm, P.C.
>>>>>> 3435 Wilshire Blvd. Suite 2920
>>>>>> Los Angeles, CA 90010
>>>>>> Tel: (213) 389-4362
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>>>>>>
>>>>>> *Board Certified - Business Bankruptcy Law - American Board of Certification
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