Central District Consumer Bankruptcy Attorney's Association

My response is, not so quickly. Measure your adversary first. It costs money to do all of that discovery, so that is a deterrent. Also, talk to the client and make the decision with the client. It may be someone the client would give the docs to, if asked. It may be the client's worst enemy and you would be giving away powder for their long rifle.
d
Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
> On Sep 10, 2014, at 11:41 PM, "Michael Avanesian michael@avanesianlaw.com [cdcbaa]" wrote:
>
> I first want to point out that FRBP 4002(b)(4) [which is what I think you meant] is an implementation of section 521(e)(2)(A)(ii) [in case you were curious].
>
> As a practical matter, if a creditor asks for documents, why wouldn't you comply? That's begging for a 2004 Exam where those documents will have to be produced. I would say that may also a lend a hand to a motion to extend time to file a nondischargeability complaint.
>
> So I think you're exactly right.
>
>
> Sincerely,
> Michael Avanesian
>
>> On Wed, Sep 10, 2014 at 10:24 PM, Holly Roark hollyroark22@gmail.com [cdcbaa] wrote:
>>
>> Under FRBP 4003(b)(4) debtor has to provide the tax return to creditor if properly requested, but does debtor have any duty to turn over other docs to creditor provided to trustee if at 341(a) trustee asks for bank statements, leases, etc, and creditor at 341(a) asks for copies of all that?
>>
>>
>> I am thinking unless there is a basis to object on privilege then the creditor could get those documents in a 2004 exam anyway, OR creditor might feel need to file 523/727 if it thinks debtor is hiding something, and then can get the records there in discovery.
>>
>> What do you think?
>>
>>
>> --
>> Holly Roark
>> Certified Bankruptcy Specialist*
>> and Sports Lawyer
>> holly@roarklawoffices.com **primary email address**
>> www.roarklawoffices.com
>> Central District of California
>> Consumer Bankruptcy Attorney
>> 1875 Century Park East, Suite 600
>> Los Angeles, CA 90067
>> T (310) 553-2600
>> F (310) 553-2601
>> *By State Bar of California Board of Legal Specialization
>>
>> **For a quicker response, email me at holly@roarklawoffices.com.
>> I only use gmail for my listservs, and am likely to miss private emails
>> directed to my gmail account.**
>>
>>
>>
>>
>>
>> --
>> Holly Roark
>> Certified Bankruptcy Specialist*
>> and Sports Lawyer
>> holly@roarklawoffices.com **primary email address**
>> www.roarklawoffices.com
>> Central District of California
>> Consumer Bankruptcy Attorney
>> 1875 Century Park East, Suite 600
>> Los Angeles, CA 90067
>> T (310) 553-2600
>> F (310) 553-2601
>> *By State Bar of California Board of Legal Specialization
>>
>> **For a quicker response, email me at holly@roarklawoffices.com.
>> I only use gmail for my listservs, and am likely to miss private emails
>> directed to my gmail account.**
>
>
*By State Bar of California Board of Legal
Specialization
The post was migrated from Yahoo.

I first want to point out that FRBP 4002(b)(4) [which is what I think you
meant] is an implementation of section 521(e)(2)(A)(ii) [in case you were
curious].
As a practical matter, if a creditor asks for documents, why wouldn't you
comply? That's begging for a 2004 Exam where those documents will have to
be produced. I would say that may also a lend a hand to a motion to extend
time to file a nondischargeability complaint.
So I think you're exactly right.
Sincerely,
Michael Avanesian
On Wed, Sep 10, 2014 at 10:24 PM, Holly Roark hollyroark22@gmail.com
[cdcbaa] wrote:
>
>
> Under FRBP 4003(b)(4) debtor has to provide the tax return to creditor if
> properly requested, but does debtor have any duty to turn over other docs
> to creditor provided to trustee if at 341(a) trustee asks for bank
> statements, leases, etc, and creditor at 341(a) asks for copies of all that?
>
> I am thinking unless there is a basis to object on privilege then the
> creditor could get those documents in a 2004 exam anyway, OR creditor might
> feel need to file 523/727 if it thinks debtor is hiding something, and then
> can get the records there in discovery.
>
> What do you think?
>
>
> --
> Holly Roark
> Certified Bankruptcy Specialist*
> *and Sports Lawyer*
> holly@roarklawoffices.com **primary email address**
> www.roarklawoffices.com
> Central District of California
> Consumer Bankruptcy Attorney
> 1875 Century Park East, Suite 600
> Los Angeles, CA 90067
> T (310) 553-2600
> F (310) 553-2601
>
> *By State Bar of California Board of Legal Specialization
>
>
> **For a quicker response, email me at holly@roarklawoffices.com.
> I only use gmail for my listservs, and am likely to miss private emails
> directed to my gmail account.**
>
>
>
>
>
> --
> Holly Roark
> Certified Bankruptcy Specialist*
> *and Sports Lawyer*
> holly@roarklawoffices.com **primary email address**
> www.roarklawoffices.com
> Central District of California
> Consumer Bankruptcy Attorney
> 1875 Century Park East, Suite 600
> Los Angeles, CA 90067
> T (310) 553-2600
> F (310) 553-2601
>
> *By State Bar of California Board of Legal Specialization
>
>
> **For a quicker response, email me at holly@roarklawoffices.com.
> I only use gmail for my listservs, and am likely to miss private emails
> directed to my gmail account.**
>
>
>
>
I first want to point out that FRBP 4002(b)(4) [which is what I think you meant] is an implementation of section 521(e)(2)(A)(ii) [in case you were curious].As a practical matter, if
The post was migrated from Yahoo.

Under FRBP 4003(b)(4) debtor has to provide the tax return to creditor if
properly requested, but does debtor have any duty to turn over other docs
to creditor provided to trustee if at 341(a) trustee asks for bank
statements, leases, etc, and creditor at 341(a) asks for copies of all that?
I am thinking unless there is a basis to object on privilege then the
creditor could get those documents in a 2004 exam anyway, OR creditor might
feel need to file 523/727 if it thinks debtor is hiding something, and then
can get the records there in discovery.
What do you think?
Holly Roark
Certified Bankruptcy Specialist*
*and Sports Lawyer*
holly@roarklawoffices.com
**primary email
address**
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
*By State Bar of California Board of Legal Specialization
**For a quicker response, email me at holly@roarklawoffices.com

The post was migrated from Yahoo.