Central District Consumer Bankruptcy Attorney's Association

***SPAM***
Thanks for the grammar update, Nick. Famous split infinitive: "To boldly go
where no man has gone before."
Holly
On Thu, Apr 7, 2011 at 12:10 AM, Nicholas Gebelt wrote:
>
>
> Dear Holly,
>
>
>
> Strunk and White, 3rd ed. p.58, has the following to say about split
> infinitives:
>
>
>
> There is precedent from the fourteenth century down for interposing an
> adverb between *to *and the infinitive it governs, but the construction
> should be avoided unless the writer wishes to place unusual stress on the
> adverb.
>
>
>
> Thus, using an adverb to split an infinitive is not necessarily a
> grammatical sin. The locution you used: . . . I just don't want to
> inadvertently have waived any rights of the debtor . . . indicates that you
> dont want to waive the rights *inadvertently*; any such waiving should be
> the result of careful deliberation so the stress on the adverb seems fine
> to me.
>
>
>
> All the best,
>
>
>
> Nick
>
>
>
> Nicholas Gebelt, Ph.D., J.D.
>
> Law Offices of Nicholas Gebelt
>
> 15150 Hornell Street
>
> Whittier, CA 90604
>
> Phone: 562.777.9159
>
> FAX: 562.946.1365
>
> Email: ngebelt@goodbye2debt.com
>
> Web: www.goodbye2debt.com
>
>
>
>
>
> Sorry for the split infinitive in my last sentence, Dennis.
>
>
>
> Holly
>
>
>
Holly Roark
holly@roarklawoffices.com
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
***SPAM***
Thanks for the grammar update, Nick.Famous split infinitive: "To boldly go where no man has gone before."
Holly
On Thu, Apr 7, 2011 at 12:10 AM, Nicholas Gebelt <ngebelt@gebeltlaw.com> wrote:
Dear Holly,
Strunk and White, 3rd ed. p.58, has the following to say about split infinitives:
There is precedent from the fourteenth century down for interposing an adverb between to and the infinitive it governs, but the construction should be avoided unless the writer wishes to place unusual stress on the adverb.
Thus, using an adverb to split an infinitive is not necessarily a grammatical sin. The locution you used: . . . I just don't want to inadvertently have waived any rights of the debtor . . . indicates that you don be the result of careful deliberation so the stress on the adverb seems fine to me.
All the best,
Nick
Nicholas Gebelt, Ph.D., J.D.
Law Offices of Nicholas Gebelt
15150 Hornell Street
Whittier, CA 90604
Phone: 562.777.9159
FAX: 562.946.1365
Email: ngebelt@goodbye2debt.com
Web:
The post was migrated from Yahoo.

***SPAM*** Sorry for the split infinitive in my last sentence, Dennis.
Holly
On Wed, Apr 6, 2011 at 1:49 PM, Holly Roark wrote:
> Yes, but I am just wondering what we put on the statement of intent. Also,
> if the trustee abandons I just don't want to inadvertently have waived any
> rights of the debtor to pursue the claim.
>
> Holly Roark
>
> 2011/4/6 David A. Tilem
>
>
>>
>> Isn't that an issue for the Trustee to decide. After all, the cause of
>> action for rescission belongs to the estate.......
>>
>>
>> *David A. Tilem*
>> Certified Bankruptcy Specialist** *
>> Law Offices of David A. Tilem (a debt relief agency)
>> 206 N. Jackson Street, #201, Glendale, CA 91206
>> Tel: 818-507-6000 Fax: 818-507-6800
>>
>> * Bankruptcy specialist cert. by State Bar of CA Bd of Legal
>> Specialization.
>> Business bankruptcy specialist cert. by Amer. Bd. of Certification
>>
>>
>> -----Original Message-----
>> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On Behalf
>> Of *Holly Roark
>> *Sent:* Wednesday, April 06, 2011 1:02 PM
>> *To:* cdcbaa@yahoogroups.com
>> *Subject:* [cdcbaa] Can anyone point me to a good resource on leases
>> (rejection/assumption), rescission, and bankruptcy?
>>
>>
>>
>> Debtor has a pending state court cause of action for rescission of a
>> lease. Now he is in a Chapter 7 and has to either "assume or reject" the
>> lease. He doesn't have money to assume it, but if he rejects it, does that
>> somehow waive the rescission claim? I understand that the claim belongs to
>> the estate until or unless it is abandoned, but I have not yet been able to
>> speak with the trustee, and we haven't had the 341A yet so I don't know his
>> position. The statement of intent is due on the same day as the 341A. I am
>> really not sure what to put on the statement of intent, or whether I should
>> apply for more time to file it or for more time to assume or reject.
>>
>> Can anyone here provide a little guidance and/or point me to a good
>> resource on leases (rejection/assumption), rescission, and bankruptcy?
>>
>> --
>> Holly Roark
>> holly@roarklawoffices.com
>> www.roarklawoffices.com
>> Central District of California
>> Consumer Bankruptcy Attorney
>> 1875 Century Park East, Suite 600
>> Los Angeles, CA 90067
>> T (310) 553-2600
>> F (310) 553-2601
>>
>>
>>
>
>
>
> --
> Holly Roark
> holly@roarklawoffices.com
> www.roarklawoffices.com
> Central District of California
> Consumer Bankruptcy Attorney
> 1875 Century Park East, Suite 600
> Los Angeles, CA 90067
> T (310) 553-2600
> F (310) 553-2601
>
>
Holly Roark
holly@roarklawoffices.com
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
***SPAM*** Sorry for the split infinitive in my last sentence, Dennis.
Holly
On Wed, Apr 6, 2011 at 1:49 PM, Holly Roark <hollyroark22@gmail.com> wrote:
Yes, but I am just wondering what we put on the statement of intent. havewaived any rights of the debtor to pursue the claim.
Holly Roark
2011/4/6 David A. Tilem <DavidTilem@tilemlaw.com>
Isn't that an issue for the Trustee to decide. After all, the cause of action for rescission belongs to the estate.......

The post was migrated from Yahoo.

Yes, but I am just wondering what we put on the statement of intent. Also,
if the trustee abandons I just don't want to inadvertently have waived any
rights of the debtor to pursue the claim.
Holly Roark
2011/4/6 David A. Tilem
>
>
> Isn't that an issue for the Trustee to decide. After all, the cause of
> action for rescission belongs to the estate.......
>
>
> *David A. Tilem*
> Certified Bankruptcy Specialist** *
> Law Offices of David A. Tilem (a debt relief agency)
> 206 N. Jackson Street, #201, Glendale, CA 91206
> Tel: 818-507-6000 Fax: 818-507-6800
>
> * Bankruptcy specialist cert. by State Bar of CA Bd of Legal
> Specialization.
> Business bankruptcy specialist cert. by Amer. Bd. of Certification
>
>
> -----Original Message-----
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On Behalf
> Of *Holly Roark
> *Sent:* Wednesday, April 06, 2011 1:02 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* [cdcbaa] Can anyone point me to a good resource on leases
> (rejection/assumption), rescission, and bankruptcy?
>
>
>
> Debtor has a pending state court cause of action for rescission of a
> lease. Now he is in a Chapter 7 and has to either "assume or reject" the
> lease. He doesn't have money to assume it, but if he rejects it, does that
> somehow waive the rescission claim? I understand that the claim belongs to
> the estate until or unless it is abandoned, but I have not yet been able to
> speak with the trustee, and we haven't had the 341A yet so I don't know his
> position. The statement of intent is due on the same day as the 341A. I am
> really not sure what to put on the statement of intent, or whether I should
> apply for more time to file it or for more time to assume or reject.
>
> Can anyone here provide a little guidance and/or point me to a good
> resource on leases (rejection/assumption), rescission, and bankruptcy?
>
> --
> Holly Roark
> holly@roarklawoffices.com
> www.roarklawoffices.com
> Central District of California
> Consumer Bankruptcy Attorney
> 1875 Century Park East, Suite 600
> Los Angeles, CA 90067
> T (310) 553-2600
> F (310) 553-2601
>
>
>
Holly Roark
holly@roarklawoffices.com
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
Yes, but I am just wondering what we put on the statement of intent. havewaived any rights of the debtor to pursue the claim.
Holly Roark
2011/4/6 David A. Tilem <
The post was migrated from Yahoo.

charset="windows-1251"
Isn't that an issue for the Trustee to decide. After all, the cause of
action for rescission belongs to the estate.......
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
Holly Roark
Sent: Wednesday, April 06, 2011 1:02 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Can anyone point me to a good resource on leases
(rejection/assumption), rescission, and bankruptcy?
Debtor has a pending state court cause of action for rescission of a lease.
Now he is in a Chapter 7 and has to either "assume or reject" the lease. He
doesn't have money to assume it, but if he rejects it, does that somehow
waive the rescission claim? I understand that the claim belongs to the
estate until or unless it is abandoned, but I have not yet been able to
speak with the trustee, and we haven't had the 341A yet so I don't know his
position. The statement of intent is due on the same day as the 341A. I am
really not sure what to put on the statement of intent, or whether I should
apply for more time to file it or for more time to assume or reject.
Can anyone here provide a little guidance and/or point me to a good resource
on leases (rejection/assumption), rescission, and bankruptcy?
Holly Roark
holly@roarklawoffices.com
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
charset="windows-1251"
Message
Isn't that an issue for the
Trustee to decide. After all, the cause of action for rescission belongs
to the estate.......


David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.

I just found this: In re Onecast Media, Inc., 439 F.3d 558 (9th Cir. 2006)
While rejection of a lease prevents the debtor from obtaining future
benefits of the lease. . ., it does not rescind the lease or defeat any
pending claims or defenses that the debtor had in regard to that lease.
Where the landlord drew down entirely on a letter of credit purchased by the
debtor and held by the landlord as security, the trustee was entitled to
recover the difference between the landlords damages and the balance of the
amount drawn down, since that amount was property of the estate.
That case deals with a real property lease and not a personal property
lease, so it's not exactly the same as my case, but the rule makes sense:
that the rejection of the lease doesn't wipe out any prepetition claims that
the debtor may have had with respect to the lease.
Holly
On Wed, Apr 6, 2011 at 1:02 PM, Holly Roark wrote:
> Debtor has a pending state court cause of action for rescission of a
> lease. Now he is in a Chapter 7 and has to either "assume or reject" the
> lease. He doesn't have money to assume it, but if he rejects it, does that
> somehow waive the rescission claim? I understand that the claim belongs to
> the estate until or unless it is abandoned, but I have not yet been able to
> speak with the trustee, and we haven't had the 341A yet so I don't know his
> position. The statement of intent is due on the same day as the 341A. I am
> really not sure what to put on the statement of intent, or whether I should
> apply for more time to file it or for more time to assume or reject.
>
> Can anyone here provide a little guidance and/or point me to a good
> resource on leases (rejection/assumption), rescission, and bankruptcy?
>
> --
> Holly Roark
> holly@roarklawoffices.com
> www.roarklawoffices.com
> Central District of California
> Consumer Bankruptcy Attorney
> 1875 Century Park East, Suite 600
> Los Angeles, CA 90067
> T (310) 553-2600
> F (310) 553-2601
>
>
Holly Roark
holly@roarklawoffices.com
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
I just found this: In re Onecast Media, Inc., 439 F.3d 558 (9th Cir. 2006) While rejection of a lease prevents the debtor from obtaining future benefits of the lease. . ., it does not rescind the lease or defeat any pending claims or defenses that the debtor had in regard to that lease. Where the landlord drew down entirely on a letter of credit purchased by the debtor and held by the landlord as security, the trustee was entitled to recover the difference between the landlords damages and the balance of the amount drawn down, since that amount was property of the estate.
That case deals with a real property lease and not a personal property lease, so it's not exactlythe same as my case, but the rule makes sense: that the rejection of the lease doesn't wipe out any prepetition claims that the debtor may have had with respect to the lease.
Holly
On Wed, Apr 6, 2011 at 1:02 PM, Holly Roark <hollyroark22@gmail.com> wrote:
Debtor has a pending state court cause of action for rescission of a lease. Now he is in a Chapter 7 and has to either "assume or reject" the lease. He doesn't have money to assume it, but if he rejects it, does that somehow waive the rescission claim? I understand that the claim belongs to the estate until or unless it is abandoned, but I have not yet been able to speak with the t
The post was migrated from Yahoo.