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Does Chapter 7 trustee have the "right" to a copy of the debtor's
Lender is teeing up a 523(a)(2) based on information provided on the
debtor's credit application and states that he is going to turn over a copy
of the credit application to the Chapter 7 Trustee who has requested it.
California Financial Code section 4052.5 says:
Except as provided in Sections 4053, 4054.6, and 4056, a
financial institution shall not sell, share, transfer, or otherwise
disclose nonpublic personal information to or with any nonaffiliated
third parties without the explicit prior consent of the consumer to
whom the nonpublic personal information relates.
Section 4052: For the purposes of this division:
(a) "Nonpublic personal information" means personally identifiable
financial information (1) provided by a consumer to a financial
institution,
Does the trustee have the right to a copy of the credit application? I
would object to its production to the trustee, but since it is going to be
the subject of the inevitable AP, I don't see what the point of objecting
would be. Any guidance is appreciated.
And by the way, is there any statute that limits the scope of what documents
the trustee can request?
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
Lender is teeing up a 523(a)(2) based on information provided on the debtor's credit application and states that he is going to turn over a copy of the credit application to the Chapter 7 Trustee who has requested it.
California Financial Code section 4052.5 says:
The post was migrated from Yahoo.