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Authority to file chapter 7 for LLC [1 Attachment]
My God! An actual scholarly article, parsing the trustee's powers in this situation. I will read it before shooting from the hip. Thank you. On Tuesday, March 12, 2019, 5:09:16 PM PDT, 'Peter M. Lively' petermlively2000@yahoo.com [cdcbaa] wrote:
[Attachment(s) from Peter M. Lively included below]
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 Tuesday, March 12, 2019, 5:03:31 PM PDT, John Faucher j.d.faucher@sbcglobal.net [cdcbaa] wrote:
I have called the trustee, and he's not answering me.Debtor is still authorized manager of record.I have thought about just filing it. While the trustee might get ruffled feathers, it will be obvious that the LLC has no value to the debtor's estate.We do have a hot-headed creditor who says he'll object. But I'm not sure he even has standing to do so. (This creditor has also demanded that I disgorge prepaid fees for the LLC's chapter 7, sounding like he's confused about what is actually property of the debtor's estate).Right now, it's an academic question; I don't have schedules together. I'm hoping I can talk to the trustee soon and find out his position. If he's not amenable, I could move to have the LLC abandoned.- John D. Faucher818/889-8080
On Tuesday, March 12, 2019, 4:44:01 PM PDT, Shai Oved ssoesq@aol.com [cdcbaa] wrote:
Why not call the trustee?
Who is going to complain about the filing? Is the debtor, still the authorized manager of record for the LLC?
Very truly yours,
Shai Oved
The Law Offices of Shai Oved
7445 Topanga Cyn. Blvd., Suite 220
Canoga Park, California 91303
Tel:(818) 992-6588
Fax:(818) 992-6511
Email:ssoesq@aol.com
www.shaioved.com
________________
The information contained in this email is intended only for the individual or entity named above and may contain attorney privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copy of this communication is strictly prohibited. If you received this communication in error, please immediately notify us by the telephone number above and return any hard copies to us viathe postal service.. The Law Offices of Shai Oved is a debt relief agency which helps people file for bankruptcy under the Bankruptcy Code. Shai Oved isa Certified Bankruptcy Law Specialistby The State Bar of California Board of Legal Specialization.
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On Mar 12, 2019, at 4:29 PM, 'Peter M. Lively' petermlively2000@yahoo.com [cdcbaa] wrote:
Then I would wait for the case to be closed or for the LLC to be officially abandoned from the estate.
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 Tuesday, March 12, 2019, 4:23:36 PM PDT, John Faucher j.d.faucher@sbcglobal.net [cdcbaa] wrote:
No to both questions.
On Monday, March 11, 2019, 6:01:10 PM PDT, 'Peter M. Lively' petermlively2000@yahoo.com [cdcbaa] wrote:
Did the debtor exempt the LLC? Has the deadline to object to debtor's exemptions past?
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 Monday, March 11, 2019, 5:57:10 PM PDT, John Faucher j.d.faucher@sbcglobal.net [cdcbaa] wrote:
Hello esteemed listservers:My client owns a single-member LLC. He is currently in a chapter 7 bankruptcy. The LLC is insolvent.Does my debtor have the authority to file a chapter 7 proceeding for the LLC, or does he need to wait for the trustee to abandon it back to him?- John D. Faucher
Tel: (818) 992-6588Fax: (818) 992-6511ssoesq@aol.comwww.shaioved.com________________The information contained in this email is intended only for the individual or entity named above and may contain attorney privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copy of this communication is strictly prohibited. If you received this communication in error, please immediately notify us by the telephone number above and return any hard copies to us via the postal service.. The Law Offices of Shai Oved is a debt relief agency which helps people file for bankruptcy under the Bankruptcy Code. Shai Oved is a Certified Bankruptcy Law Specialist by The State Bar of California Board of Legal Specialization.
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