name and password for web application showing pre- and
Posted: Fri Apr 17, 2015 6:45 pm
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 dont want to open their books and records in that manner, the
> alternative is to not file.
>
>
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@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] cdcbaa@yahoogroups.com> 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.
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.
From: cdcbaa@yahoogroups.com [mailto:cdcbaa@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] <cdcbaa@yahoogroups.com> 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] <cdcbaa@yahoogroups.com> 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: 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] <cdcbaa@yahoogroups.com> 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?
The post was migrated from Yahoo.