How to file via ECF in division based on principal
Posted: Tue Aug 30, 2016 5:47 pm
Thanks. That was going to be my fallback position. Shai Oved
pointed out another way, and probably the more correct way, is to
"manually" file using ECF and when creating the debtor information,
enter the Woodland Hills address. Your solution seems to be the
easier and more appealing one, but it's not technically accurate
which bothers me. And amending after filing to put the correct
address in has it's own problems (I suppose using the change of
address would be best, except debtor isn't really changing his
address). Plus, in this case we're trying to do some lien stripping
on the non-principal residence rental property and if I file the
petition saying debtor is living there, that raises a whole host of
potential arguments by creditors...
On 8/30/2016 5:25 PM, Giovanni Orantes go@gobklaw.com [cdcbaa] wrote:
>
>
> Use the address of the property in Woodland Hills and explain the
> situation in the spot Nick pointed out and wherever else possible
> etc., e.g., that the ECF system will not file it in the correct
> division otherwise. I did that before and I pointed that problem
> out to VZ before and he sympathized, regretted the ECF's
> limitation and didn't sanction me.
>
> On Tue, Aug 30, 2016 at 4:45 PM, 'Mark J. Markus' bklawr@yahoo.com
> [cdcbaa] > wrote:
>
> Thanks Nick, but that doesn't solve the problem. The issue is
> one of making it work through ECF. If we could file manually
> by walking to the counter, it would be no problem. But I don't
> know if there's a way to do this through ECF.
>
> Client cannot move and wait. We have to stop a foreclosure
> sale on Friday.
>
>
> On 8/30/2016 4:41 PM, Nicholas Gebelt ngebelt@gebeltlaw.com
> [cdcbaa] wrote:
>>
>> Dear Mark,
>>
>> I sympathize with your desire to avoid Riverside.
>>
>> Item 6 of the Voluntary Petition looks like this:
>>
>> **
>>
>> **
>>
>> *Why you are choosing /this district/ to file for bankruptcy*
>>
>>
>>
>> //
>>
>> //
>>
>> /Check one:/
>>
>> Over the last 180 days before filing this petition, I have
>> lived in this district longer than in any other district.
>>
>> I have another reason.
>>
>> Explain. (See 28 U.S.C. § 1408.)
>>
>> I realize that the focus of this entry is on the district,
>> rather than the division. However, since it affords you the
>> opportunity to provide an explanation based on 28 U.S.C. §
>> 1408, maybe you can shoehorn the division into the explanation.
>>
>> In the alternative, perhaps your client could live in the
>> Northridge property for 91 days ― if it’s commercial
>> property, maybe he could set up a bed and sleep in the
>> storage room ― and avoid the problem altogether.
>>
>> Good luck,
>>
>> Nick
>>
>> */Nicholas Gebelt/*
>>
>> Nicholas Gebelt, Ph.D., J.D.
>>
>> Attorney at Law
>>
>> Certified Bankruptcy Law Specialist – State Bar of California
>> Board of Legal Specialization
>>
>> Commissioner, California State Bar’s Bankruptcy Law Advisory
>> Commission
>>
>> Description: Description: Description:
>> cid:image003.jpg@01CC076B.B14D73C0
>>
>> Law Offices of Nicholas Gebelt
>>
>> 15150 Hornell Street
>>
>> Whittier, CA 90604
>>
>> Phone: 562.777.9159
>>
>> FAX: 562.946.1365
>>
>> Email: ngebelt@goodbye2debt.com
>> ; ngebelt@gebeltlaw.com
>>
>>
>> Web: www.goodbye2debt.com
>>
>> Blog: www.southerncaliforniabankruptcylawblog.com/
>>
>>
>> *Important notice required by 11 U.S.C. § 528:*We are a debt
>> relief agency. We help people file for bankruptcy relief
>> under the Bankruptcy Code.
>>
>> *Confidentiality Note*: This e-mail is intended only for the
>> person or entity to which it is addressed and may contain
>> information that is privileged, confidential, or otherwise
>> protected from disclosure. Dissemination, distribution, or
>> copying of this e-mail or the information herein by anyone
>> other than the intended recipient, or an employee or agent
>> responsible for delivering the message to the intended
>> recipient, is prohibited. If you have received this e-mail
>> in error, please notify us immediately at 562.777.9159
>> or e-mail info@gebeltlaw.com
>> and destroy the original message
>> and all copies.
>>
>> *Representation Note*: If you have not signed a contract of
>> representation, the Law Offices of Nicholas Gebelt do not
>> represent you, and this email does not contain any legal
>> advice for you.
>>
>> *Privacy Warning: *The use of e-mail involves risk that the
>> message may be intercepted by third parties (such as the
>> government). Contacting me by email is your acknowledgment
>> that you waive the risk of emails sent to me, and that you
>> waive the risk of emails sent from me to you. Further,
>> accessing websites carries the risk of detection of your
>> access not only in real time, but also by discovery. If you
>> have ANYTHING that is sensitive to convey to me, it should be
>> given in a face-to-face meeting.
>>
>> *IRS Circular 230 Disclosure: *In order to comply with the
>> 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.
>>
>> *From:*cdcbaa@yahoogroups.com
>> [mailto:cdcbaa@yahoogroups.com]
>> *Sent:* Tuesday, August 30, 2016 4:16 PM
>> *To:* cdcbaa@yahoogroups.com
>> *Subject:* [cdcbaa] How to file via ECF in division based on
>> principal assets, not residence
>>
>> As we all know, venue is appropriate pursuant to 28 USC 1408
>> in potentially multiple districts and divisions. It can be
>> based on where the debtor resides for the 180 days prior, or
>> where the principal assets are located for that period.
>>
>> I have a case where the debtor resides in Riverside, but the
>> property he owns is in Northridge. I want to file the case
>> in Woodland Hills (Ch. 11).
>>
>> I'm told by the ECF help desk minions that this is no longer
>> possible thanks to the new forms.
>>
>> Has anyone done this or figured out a work-around?
>>
>> --
>>
>> *************************
>> 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)332-1180
>> (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
>> ________________________________________________
>> NOTICE: This Electronic Message contains information from the
>> law office of Mark J. Markus that may be privileged. The
>> information is intended for the use of the addressee only. If
>> you are not the addressee, note that any disclosure, copy,
>> distribution or use of the contents of this message is
>> prohibited.
>> IRS CIRCULAR 230 NOTICE: To ensure compliance with
>> requirements imposed by the IRS, we inform you that any U.S.
>> tax advice contained in this communication (or in any
>> attachment) is not intended or written 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 in this communication.
>>
>
>
>
> --
>
> *************************
> 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)332-1180
> (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
> ________________________________________________
> NOTICE: This Electronic Message contains information from the
> law office of Mark J. Markus that may be privileged. The
> information is intended for the use of the addressee only. If
> you are not the addressee, note that any disclosure, copy,
> distribution or use of the contents of this message is prohibited.
> IRS CIRCULAR 230 NOTICE: To ensure compliance with
> requirements imposed by the IRS, we inform you that any U.S.
> tax advice contained in this communication (or in any
> attachment) is not intended or written 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 in this communication.
>
>
>
>
> --
> 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 in this e-mail message is not intended to be
> legal advice and should not be relied upon as legal advice unless
> counsel expressly contracted in writing to provide such advice.
> Furthermore, 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 – at (213) 389-4362
> or (888) 619-8222
> .
>
>
>
*************************
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)332-1180 (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
________________________________________________
NOTICE: This Electronic Message contains information from the law
office of Mark J. Markus that may be privileged. The information is
intended for the use of the addressee only. If you are not the
addressee, note that any disclosure, copy, distribution or use of
the contents of this message is prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements
imposed by the IRS, we inform you that any U.S. tax advice contained
in this communication (or in any attachment) is not intended or
written 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 in this communication.
The post was migrated from Yahoo.