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name and password for web application showing pre- and post-petition sales
Reply-To: Chris Gautschi
X-Original-Return-Path: Chris Gautschi
To: cdcbaa@yahoogroups.com
X-Yahoo-Newman-Id: groups-system
Maybe he wants to see if post petition sales money was actually earned prepetition.
Sent from my iPhone
> On Apr 17, 2015, at 6:45 PM, Giovanni Orantes go@gobklaw.com [cdcbaa] wrote:
>
> We have no problem providing documents but enabling the trustee to have the power to change the name and password, which would affect the debtor's post-petition ability to make a living, seems excessive and unnecessary. Why would the trustee need it, especially if I'm OK with the Trustee going into the website and pointing out what information he wants and either getting it himself on the spot or asking me for it.
>
>> On Fri, Apr 17, 2015 at 6:41 PM, Larry Simons larry@lsimonslaw.com [cdcbaa] wrote:
>>
>> Cooperation and Disclosure are the 2 most important things to advise your clients if they want a discharge in chapter 7. You ask why your clients should have to cooperate? The answer is that upon filing for bankruptcy, they have agreed to put all their financial affairs under a hypothetical microscope and subject themselves to heightened scrutiny. If they done is to not file.
>>
>>
>>
aa@yahoogroups.com]
>> Sent: Friday, April 17, 2015 6:33 PM
>> To: cdcbaa@yahoogroups.com
>> Subject: Re: [cdcbaa] name and password for web application showing pre- and post-petition sales
>>
>>
>>
>>
>>
>> But giving the trustee the PIN would enable him to access post-petition information about the earnings of the Debtor, which are not a Chapter 7 estate asset. He also can change the PIN and hurt the debtor. Why should the Trustee have that when I've provided every piece of available information he has requested?
>>
>>
>>
>> On Fri, Apr 17, 2015 at 5:58 PM, cdcbaa cdcbaamailbox@gmail.com [cdcbaa] wrote:
>>
>>
>>
>> The trustee is supposed to investigate the debtor's financial affairs, see 704(a)(4). give the info to the trustee or face a 727.
>>
>>
>>
>> d
>>
>> Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
>>
>>
>>
>>
>> On Apr 16, 2015, at 9:54 PM, Michael Avanesian michael@avanesianlaw.com [cdcbaa] wrote:
>>
>>
>> It's surprising to me that any state would exempt prepetition income from property of the estate. If you're right, then why does he want to know? What business is it of the Trustee to find out any details about 100% exempt property?
>>
>>
>>
>> My guess is there is a loophole to this exemption and he is trying to see if your client fits that bill. Assuming this is true, then he has a right to that information. Does he have a right to the password? Probably not but you should produce the information in a form that will make him happy. Screenshots and/or printouts of prepetition transactions along with a declaration should be sufficient.
>>
>>
>>
>>
>>
>> Sincerely,
>>
>>
>>
>> Michael Avanesian, Esq.
>>
>> Simon Resnik Hayes, LLP
>>
>> 15233 Ventura Blvd., Suite 250
>> Sherman Oaks, CA 91403
>>
>> Tel: 818.783.6251 | Cel: 818.817.1725
>>
>>
>>
>> Confidentiality: This electronic transmission and its contents are legally privileged and confidential information and intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, copying or other use of this message and its contents is strictly prohibited. If you have received this transmission in error, please reply to us immediately and delete this message from your directory.
>> IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, please be advised that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used or relied upon, and cannot be used or relied upon, 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 herein.
>>
>>
>> On Thu, Apr 16, 2015 at 5:44 PM, Giovanni Orantes go@gobklaw.com [cdcbaa] wrote:
>>
>>
>>
>> A trustee is asking me for my client's name and password to log on to a service that shows his sales pre and post-petition. I think that goes too far. My client gets commissions in a State that exempts commissions; so, the pre-petition amounts are exempt and the post-petition amounts are not estate property. Section 521(a)(3) requires cooperation with the Trustee, but I think this is confidential. What say you all?
>>
>>
>>
>> --
>>
>> Giovanni Orantes, Esq.*
>>
>> Orantes Law Firm, P.C.
>> 3435 Wilshire Blvd. Suite 2920
>> Los Angeles, CA 90010
>> Tel: (213) 389-4362
>> Fax: (877) 789-5776
>> e-mail: go@gobklaw.com
>> website: www.gobklaw.com
>>
>> *Certified Bankruptcy Specialist, State Bar of California, Board of Legal Specialization
>>
>> *Board Certified - Business Bankruptcy Law - American Board of Certification
>>
>> *Board Certified - Consumer Bankruptcy Law - American Board of Certification
>>
>> Commercial Litigation
>>
>> Estate Planning
>>
>> Outside General Counsel
>>
>>
>>
>>
>>
>>
>>
>> WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
>>
>> SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
>>
>>
>>
>>
>>
>>
>>
>>
>> --
>>
>> Giovanni Orantes, Esq.*
>>
>> Orantes Law Firm, P.C.
>> 3435 Wilshire Blvd. Suite 2920
>> Los Angeles, CA 90010
>> Tel: (213) 389-4362
>> Fax: (877) 789-5776
>> e-mail: go@gobklaw.com
>> website: www.gobklaw.com
>>
>> *Certified Bankruptcy Specialist, State Bar of California, Board of Legal Specialization
>>
>> *Board Certified - Business Bankruptcy Law - American Board of Certification
>>
>> *Board Certified - Consumer Bankruptcy Law - American Board of Certification
>>
>> Commercial Litigation
>>
>> Estate Planning
>>
>> Outside General Counsel
>>
>>
>>
>>
>>
>>
>>
>> WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
>>
>> SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
>>
>
>
>
> --
> Giovanni Orantes, Esq.*
> Orantes Law Firm, P.C.
> 3435 Wilshire Blvd. Suite 2920
> Los Angeles, CA 90010
> Tel: (213) 389-4362
> Fax: (877) 789-5776
> e-mail: go@gobklaw.com
> website: www.gobklaw.com
>
> *Certified Bankruptcy Specialist, State Bar of California, Board of Legal Specialization
> *Board Certified - Business Bankruptcy Law - American Board of Certification
> *Board Certified - Consumer Bankruptcy Law - American Board of Certification
> Commercial Litigation
> Estate Planning
> Outside General Counsel
>
>
>
> WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
>
> SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
>
>
cdcbaa@yahoogroups.com> wrote:
We have no problem providing documents but enabling the trustee to have the power to change the name and password, which would affect the debtor's post-petition ability to make a living, seems excessive and unnecessary. Why would the trustee need it, especially if I'm OK with the Trustee going into the website and pointing out what information he wants and either getting it himself on the spot or asking me for it.On Fri, Apr 17, 2015 at 6:41 PM, Larry Simons larry@lsimonslaw.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
Cooperation and Disclosure are the 2 most important things to advise your clients if they want a discharge in chapter 7. You ask why your clients should have
to cooperate? The answer is that upon filing for bankruptcy, they have agreed to put all their financial affairs under a hypothetical microscope and subject themselves to heightened scrutiny. If they dont want to open their books and records in that manner,
the alternative is to not file.
The post was migrated from Yahoo.
X-Original-Return-Path: Chris Gautschi
To: cdcbaa@yahoogroups.com
X-Yahoo-Newman-Id: groups-system
Maybe he wants to see if post petition sales money was actually earned prepetition.
Sent from my iPhone
> On Apr 17, 2015, at 6:45 PM, Giovanni Orantes go@gobklaw.com [cdcbaa] wrote:
>
> We have no problem providing documents but enabling the trustee to have the power to change the name and password, which would affect the debtor's post-petition ability to make a living, seems excessive and unnecessary. Why would the trustee need it, especially if I'm OK with the Trustee going into the website and pointing out what information he wants and either getting it himself on the spot or asking me for it.
>
>> On Fri, Apr 17, 2015 at 6:41 PM, Larry Simons larry@lsimonslaw.com [cdcbaa] wrote:
>>
>> Cooperation and Disclosure are the 2 most important things to advise your clients if they want a discharge in chapter 7. You ask why your clients should have to cooperate? The answer is that upon filing for bankruptcy, they have agreed to put all their financial affairs under a hypothetical microscope and subject themselves to heightened scrutiny. If they done is to not file.
>>
>>
>>
aa@yahoogroups.com]
>> Sent: Friday, April 17, 2015 6:33 PM
>> To: cdcbaa@yahoogroups.com
>> Subject: Re: [cdcbaa] name and password for web application showing pre- and post-petition sales
>>
>>
>>
>>
>>
>> But giving the trustee the PIN would enable him to access post-petition information about the earnings of the Debtor, which are not a Chapter 7 estate asset. He also can change the PIN and hurt the debtor. Why should the Trustee have that when I've provided every piece of available information he has requested?
>>
>>
>>
>> On Fri, Apr 17, 2015 at 5:58 PM, cdcbaa cdcbaamailbox@gmail.com [cdcbaa] wrote:
>>
>>
>>
>> The trustee is supposed to investigate the debtor's financial affairs, see 704(a)(4). give the info to the trustee or face a 727.
>>
>>
>>
>> d
>>
>> Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
>>
>>
>>
>>
>> On Apr 16, 2015, at 9:54 PM, Michael Avanesian michael@avanesianlaw.com [cdcbaa] wrote:
>>
>>
>> It's surprising to me that any state would exempt prepetition income from property of the estate. If you're right, then why does he want to know? What business is it of the Trustee to find out any details about 100% exempt property?
>>
>>
>>
>> My guess is there is a loophole to this exemption and he is trying to see if your client fits that bill. Assuming this is true, then he has a right to that information. Does he have a right to the password? Probably not but you should produce the information in a form that will make him happy. Screenshots and/or printouts of prepetition transactions along with a declaration should be sufficient.
>>
>>
>>
>>
>>
>> Sincerely,
>>
>>
>>
>> Michael Avanesian, Esq.
>>
>> Simon Resnik Hayes, LLP
>>
>> 15233 Ventura Blvd., Suite 250
>> Sherman Oaks, CA 91403
>>
>> Tel: 818.783.6251 | Cel: 818.817.1725
>>
>>
>>
>> Confidentiality: This electronic transmission and its contents are legally privileged and confidential information and intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, copying or other use of this message and its contents is strictly prohibited. If you have received this transmission in error, please reply to us immediately and delete this message from your directory.
>> IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, please be advised that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used or relied upon, and cannot be used or relied upon, 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 herein.
>>
>>
>> On Thu, Apr 16, 2015 at 5:44 PM, Giovanni Orantes go@gobklaw.com [cdcbaa] wrote:
>>
>>
>>
>> A trustee is asking me for my client's name and password to log on to a service that shows his sales pre and post-petition. I think that goes too far. My client gets commissions in a State that exempts commissions; so, the pre-petition amounts are exempt and the post-petition amounts are not estate property. Section 521(a)(3) requires cooperation with the Trustee, but I think this is confidential. What say you all?
>>
>>
>>
>> --
>>
>> Giovanni Orantes, Esq.*
>>
>> Orantes Law Firm, P.C.
>> 3435 Wilshire Blvd. Suite 2920
>> Los Angeles, CA 90010
>> Tel: (213) 389-4362
>> Fax: (877) 789-5776
>> e-mail: go@gobklaw.com
>> website: www.gobklaw.com
>>
>> *Certified Bankruptcy Specialist, State Bar of California, Board of Legal Specialization
>>
>> *Board Certified - Business Bankruptcy Law - American Board of Certification
>>
>> *Board Certified - Consumer Bankruptcy Law - American Board of Certification
>>
>> Commercial Litigation
>>
>> Estate Planning
>>
>> Outside General Counsel
>>
>>
>>
>>
>>
>>
>>
>> WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
>>
>> SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
>>
>>
>>
>>
>>
>>
>>
>>
>> --
>>
>> Giovanni Orantes, Esq.*
>>
>> Orantes Law Firm, P.C.
>> 3435 Wilshire Blvd. Suite 2920
>> Los Angeles, CA 90010
>> Tel: (213) 389-4362
>> Fax: (877) 789-5776
>> e-mail: go@gobklaw.com
>> website: www.gobklaw.com
>>
>> *Certified Bankruptcy Specialist, State Bar of California, Board of Legal Specialization
>>
>> *Board Certified - Business Bankruptcy Law - American Board of Certification
>>
>> *Board Certified - Consumer Bankruptcy Law - American Board of Certification
>>
>> Commercial Litigation
>>
>> Estate Planning
>>
>> Outside General Counsel
>>
>>
>>
>>
>>
>>
>>
>> WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
>>
>> SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
>>
>
>
>
> --
> Giovanni Orantes, Esq.*
> Orantes Law Firm, P.C.
> 3435 Wilshire Blvd. Suite 2920
> Los Angeles, CA 90010
> Tel: (213) 389-4362
> Fax: (877) 789-5776
> e-mail: go@gobklaw.com
> website: www.gobklaw.com
>
> *Certified Bankruptcy Specialist, State Bar of California, Board of Legal Specialization
> *Board Certified - Business Bankruptcy Law - American Board of Certification
> *Board Certified - Consumer Bankruptcy Law - American Board of Certification
> Commercial Litigation
> Estate Planning
> Outside General Counsel
>
>
>
> WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
>
> SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
>
>
cdcbaa@yahoogroups.com> wrote:
We have no problem providing documents but enabling the trustee to have the power to change the name and password, which would affect the debtor's post-petition ability to make a living, seems excessive and unnecessary. Why would the trustee need it, especially if I'm OK with the Trustee going into the website and pointing out what information he wants and either getting it himself on the spot or asking me for it.On Fri, Apr 17, 2015 at 6:41 PM, Larry Simons larry@lsimonslaw.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
Cooperation and Disclosure are the 2 most important things to advise your clients if they want a discharge in chapter 7. You ask why your clients should have
to cooperate? The answer is that upon filing for bankruptcy, they have agreed to put all their financial affairs under a hypothetical microscope and subject themselves to heightened scrutiny. If they dont want to open their books and records in that manner,
the alternative is to not file.
The post was migrated from Yahoo.
Michael:
This is why one sits down and reads the code cover to cover.
d
Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
> On Apr 17, 2015, at 2:30 PM, Michael Avanesian michael@avanesianlaw.com [cdcbaa] wrote:
>
> I had never seen 522(c)(1).. wow. Gio, have you considered In re Braddy, 226 BR 479 - Bankr. Court, ND Florida 1998?
>
>
> Sincerely,
>
> Michael Avanesian, Esq.
> Simon Resnik Hayes, LLP
> 15233 Ventura Blvd., Suite 250
> Sherman Oaks, CA 91403
> Tel: 818.783.6251 | Cel: 818.817.1725
>
> Confidentiality: This electronic transmission and its contents are legally privileged and confidential information and intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, copying or other use of this message and its contents is strictly prohibited. If you have received this transmission in error, please reply to us immediately and delete this message from your directory.
> IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, please be advised that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used or relied upon, and cannot be used or relied upon, 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 herein.
>
>
>> On Fri, Apr 17, 2015 at 10:20 AM, 'Peter M. Lively' petermlively2000@yahoo.com [cdcbaa] wrote:
>>
>> Is there is a DSO claim?
>>
>> If so, see 522(c)(1).
>>
>> Peter M. Lively, J.D., M.B.A.
>> Law Office of Peter M. Lively * Personal Financial Law Center I
>> 11268 Washington Boulevard, Suite 203, Culver City, California 90230-4647
>> Telephone: (310) 391-2400 * Toll Free: (800) 307-3328 * Fax: (310) 391-2462
>>
>>
>>
>> On Friday, April 17, 2015 9:30 AM, "Giovanni Orantes go@gobklaw.com [cdcbaa]" wrote:
>>
>>
>>
>> Isn't Florida great? It's commissions for a multi-level business like amway and the like.I told him I'd screen share.
>>
>> On Thursday, April 16, 2015, Michael Avanesian michael@avanesianlaw.com [cdcbaa] wrote:
>>
>> It's surprising to me that any state would exempt prepetition income from property of the estate. If you're right, then why does he want to know? What business is it of the Trustee to find out any details about 100% exempt property?
>>
>> My guess is there is a loophole to this exemption and he is trying to see if your client fits that bill. Assuming this is true, then he has a right to that information. Does he have a right to the password? Probably not but you should produce the information in a form that will make him happy. Screenshots and/or printouts of prepetition transactions along with a declaration should be sufficient.
>>
>>
>> Sincerely,
>>
>> Michael Avanesian, Esq.
>> Simon Resnik Hayes, LLP
>> 15233 Ventura Blvd., Suite 250
>> Sherman Oaks, CA 91403
>> Tel: 818.783.6251 | Cel: 818.817.1725
>>
>> Confidentiality: This electronic transmission and its contents are legally privileged and confidential information and intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, copying or other use of this message and its contents is strictly prohibited. If you have received this transmission in error, please reply to us immediately and delete this message from your directory.
>> IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, please be advised that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used or relied upon, and cannot be used or relied upon, 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 herein.
>>
>> On Thu, Apr 16, 2015 at 5:44 PM, Giovanni Orantes go@gobklaw.com [cdcbaa] wrote:
>>
>> A trustee is asking me for my client's name and password to log on to a service that shows his sales pre and post-petition. I think that goes too far. My client gets commissions in a State that exempts commissions; so, the pre-petition amounts are exempt and the post-petition amounts are not estate property. Section 521(a)(3) requires cooperation with the Trustee, but I think this is confidential. What say you all?
>>
>> --
>> Giovanni Orantes, Esq.*
>> Orantes Law Firm, P.C.
>> 3435 Wilshire Blvd. Suite 2920
>> Los Angeles, CA 90010
>> Tel: (213) 389-4362
>> Fax: (877) 789-5776
>> e-mail: go@gobklaw.com
>> website: www.gobklaw.com
>>
>> *Certified Bankruptcy Specialist, State Bar of California, Board of Legal Specialization
>> *Board Certified - Business Bankruptcy Law - American Board of Certification
>> *Board Certified - Consumer Bankruptcy Law - American Board of Certification
>> Commercial Litigation
>> Estate Planning
>> Outside General Counsel
>>
>>
>>
>> WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
>>
>> SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
>>
>>
>>
>> --
>> Giovanni Orantes, Esq.*
>> Orantes Law Firm, P.C.
>> 3435 Wilshire Blvd. Suite 2920
>> Los Angeles, CA 90010
>> Tel: (213) 389-4362
>> Fax: (877) 789-5776
>> e-mail: go@gobklaw.com
>> website: www.gobklaw.com
>>
>> *Certified Bankruptcy Specialist, State Bar of California, Board of Legal Specialization
>> *Board Certified - Business Bankruptcy Law - American Board of Certification
>> *Board Certified - Consumer Bankruptcy Law - American Board of Certification
>> Commercial Litigation
>> Estate Planning
>> Outside General Counsel
>>
>>
>>
>> WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
>>
>> SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
>>
>> Note: The information contained in this e-mail message is confidential information intended only for the use of the individual or entity named. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone or e-mail and delete the original e-mail >>
>> IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended 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 herein.
>
>
type="text/html";
boundaryple-Mail-A0A82519-93CD-42CC-9A18-0EBE6B7722D4
Sincerely,Michael Avanesian, Esq. Simon Resnik Hayes, LLP15233 Ventura Blvd., Suite 250Sherman Oaks, CA 91403Tel: 818.783.6251 | Cel: 818.817.1725
The post was migrated from Yahoo.
The trustee is supposed to investigate the debtor's financial affairs, see 704(a)(4). give the info to the trustee or face a 727.
d
Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
> On Apr 16, 2015, at 9:54 PM, Michael Avanesian michael@avanesianlaw.com [cdcbaa] wrote:
>
> It's surprising to me that any state would exempt prepetition income from property of the estate. If you're right, then why does he want to know? What business is it of the Trustee to find out any details about 100% exempt property?
>
> My guess is there is a loophole to this exemption and he is trying to see if your client fits that bill. Assuming this is true, then he has a right to that information. Does he have a right to the password? Probably not but you should produce the information in a form that will make him happy. Screenshots and/or printouts of prepetition transactions along with a declaration should be sufficient.
>
>
> Sincerely,
>
> Michael Avanesian, Esq.
> Simon Resnik Hayes, LLP
> 15233 Ventura Blvd., Suite 250
> Sherman Oaks, CA 91403
> Tel: 818.783.6251 | Cel: 818.817.1725
>
> Confidentiality: This electronic transmission and its contents are legally privileged and confidential information and intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, copying or other use of this message and its contents is strictly prohibited. If you have received this transmission in error, please reply to us immediately and delete this message from your directory.
> IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, please be advised that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used or relied upon, and cannot be used or relied upon, 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 herein.
>
>
>> On Thu, Apr 16, 2015 at 5:44 PM, Giovanni Orantes go@gobklaw.com [cdcbaa] wrote:
>>
>> A trustee is asking me for my client's name and password to log on to a service that shows his sales pre and post-petition. I think that goes too far. My client gets commissions in a State that exempts commissions; so, the pre-petition amounts are exempt and the post-petition amounts are not estate property. Section 521(a)(3) requires cooperation with the Trustee, but I think this is confidential. What say you all?
>>
>> --
>> Giovanni Orantes, Esq.*
>> Orantes Law Firm, P.C.
>> 3435 Wilshire Blvd. Suite 2920
>> Los Angeles, CA 90010
>> Tel: (213) 389-4362
>> Fax: (877) 789-5776
>> e-mail: go@gobklaw.com
>> website: www.gobklaw.com
>>
>> *Certified Bankruptcy Specialist, State Bar of California, Board of Legal Specialization
>> *Board Certified - Business Bankruptcy Law - American Board of Certification
>> *Board Certified - Consumer Bankruptcy Law - American Board of Certification
>> Commercial Litigation
>> Estate Planning
>> Outside General Counsel
>>
>>
>>
>> WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
>>
>> SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
>
>
type="text/html";
boundaryple-Mail-E39BFFE6-3D40-4B0E-A5CF-8A03E38C45F2
The post was migrated from Yahoo.
A trustee is asking me for my client's name and password to log on to a
service that shows his sales pre and post-petition. I think that goes too
far. My client gets commissions in a State that exempts commissions; so,
the pre-petition amounts are exempt and the post-petition amounts are not
estate property. Section 521(a)(3) requires cooperation with the Trustee,
but I think this is confidential. What say you all?
Giovanni Orantes, Esq.*
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 2920
Los Angeles, CA 90010
Tel: (213) 389-4362
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
**Certified Bankruptcy Specialist, State Bar of California, Board of Legal
Specialization*
*Board Certified - Business Bankruptcy Law - American Board of Certification
*Board Certified - Consumer Bankruptcy Law - American Board of Certification
Commercial Litigation
Estate Planning
Outside General Counsel
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
A trustee is asking me for my client's name and password to log on to a service that shows his sales pre and post-petition. I think that goes too far. My client gets commissions in a State that exempts commissions; so, the pre-petition amounts are exempt and the post-petition amounts are not estate property. Section 521(a)(3) requires cooperation with the Trustee, but I think this is confidential. What say you all?-- Giovanni Orantes, Esq.*Orantes Law Firm, P.C.3435 Wilshire Blvd. Suite 2920Los Angeles, CA 90010Tel: (213) 389-4362Fax: (877) 789-5776e-mail: go@gobklaw.comwebsite: www.gobklaw.com*Certified Bankruptcy Specialist, State Bar of California, Board of Legal Specialization*Board Certified - Business Bankruptcy Law - American Board of Certification*Board Certified - Consumer Bankruptcy Law - American Board of CertificationCommercial LitigationEstate PlanningOutside General Counsel
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