Procedure for Ensuring Venue
Posted: Sat Jan 23, 2010 2:12 pm
I would still wait for case closing, play it safe, because of automatic stay.
wrote:
>
> Hi Lou,
>
> Single trustee, has filed "no asset" reports in both cases.
> Kenneth Jay Schwartz, Esq.
> LAW OFFICE OF KENNETH JAY SCHWARTZ
> 21031 Ventura Boulevard, 12th Floor
> Woodland Hills, California 91364-2203
> Telephone: (818) 226-1205
> Facsimile: (818) 226-1213
>
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>
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> ________________________________
> To: cdcbaa@yahoogroups.com
> Sent: Sat, January 23, 2010 11:26:44 AM
> Subject: [cdcbaa] Re: Procedure for Ensuring Venue
>
>
> Ken,
>
> Hold on! You cannot file the LLC case while the individual members are in bankruptcy as the membership interest is property of the chapter 7 estate, under the control of the trustee, which leaves the individual members without authority to act on behalf of the LLC to file its own bankruptcy.
>
> The balance of the issue as to venue is moot or at least delayed until the trustees file no asset reports and the cases are closed.
>
> Lou Esbin
>
> --- In cdcbaa@yahoogroups. com, "kennethjschwartz" wrote:
> >
> > I have clients who each are in their own Chapter 7 cases in Woodland Hills, that now want to put their LLC into its own 7. The LLC is in Santa Clarita (based out of the individuals' residence), so venue would ordinarily now be downtown. When I electronically file the LLC's case, is there a way to have the case be filed in Woodland Hills, or are there other steps that have to be taken to accomplish this?
> >
>
The post was migrated from Yahoo.