Creditor request for Ch 7 petition
Posted: Sat Jul 12, 2014 4:45 pm
I agree with Jason. I email the pdf.
filed docs are not confidential. There is no prejudice to the client to give a public doc to a lawyer. This is just professional courtesy.
d
Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
> On Jul 7, 2014, at 7:37 PM, "'Leventhal Law Group, P.C.' law@3yl.com [cdcbaa]" wrote:
>
> Please do not take this as confrontational.
>
> Think of it this way.
> The Attorney is lazy and or does not know how to access pacer. Perhaps the Attorney would be too lazy to get a pacer account and allows the objection to discharge date lapse.
>
> But if the Attorney is provided with all the docs, he/she finds something and files an objection then you have hurt your client.
>
> CALL ME PARANOID BUT MY CLIENT COSTS FIRST!
>
> You can do no harm by saying sorry to the Attorney. Rather than explains an objection to discharge to your client.
>
>
> 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.
>
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>
>
> -------- Original message --------
> Date:07/07/2014 7:11 PM (GMT-08:00)
> To: cdcbaa@yahoogroups.com
> Subject: Re: [cdcbaa] Creditor request for Ch 7 petition
>
>
> boy, paranoia runs deep in the heartland.
>
> What would you possibly gain by denying a lawyer or creditor the publicly available information that you can send with a few keystrokes?
> Perhaps you gain a more cooperative lawyer or creditor, or perhaps you give the illusion "I have nothing to hide", or perhaps you do it because you have an obligation to be civil.
> Prejudice is not an applicable concept in this situation: your client cannot conceivably be prejudiced by turning over publicly available information.
> In short, I always cooperate in this situation unless the creditor or lawyer has already proven to be an uncooperative a-hole.
> Smiling,
> Jason
> CONFIDENTIAL COMMUNICATION
> ATTORNEY-CLIENT PRIVILEGE
>
> --
> JASON WALLACH, ESQ.
> Gladstone Michel Weisberg Willner & Sloane, ALC
> 4551 Glencoe Avenue, Suite 300
> Marina del Rey CA 90292-7925
> Tel: (310) 821-9000
> Direct: (310) 775-8725
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> Email: jwallach@gladstonemichel.com
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>> On Jul 7, 2014, at 7:02 PM, 'Leventhal Law Group, P.C.' law@3yl.com [cdcbaa] wrote:
>>
>>
>> Your duty is to your client. A creditor is not a friend to your client. He/she is looking for something?? It is a fishing expedition!
>>
>>
>> -------- Original message --------
>> Date: 07/07/2014 6:53 PM (GMT-08:00)
>> To: cdcbaa@yahoogroups.com
>> Subject: [cdcbaa] Creditor request for Ch 7 petition
>>
>>
>>
>>
>> Creditor (debtor's former family law attorney) in a no-asset Chapter 7 case has asked for a copy of my client's bankruptcy petition via email as a "professional courtesy." I have the complete petition and schedules in PDF format and could easily comply, but should I? (Technically, they just asked for the "petition" so I could also be technical about it and just send the petition, without any schedules.)
>>
>>
>>
>> In general, I like to be cooperative and professionally courteous, when doing so is not prejudicial to my client. In this case, however, it seems to me that this creditor is requesting information that they could easily obtain on their own, and I don't want to encourage creditors to regularly make these kinds of requests of debtors' attorneys, so I am inclined to deny the request. On the other hand, I don't really want to be seen as uncooperative. Is this creditor request over the line? What are others doing with these kinds of requests?
>>
>
>
The post was migrated from Yahoo.