why are bankruptcy documents sent to the states attorney generals office

by Cecilia Swaniawski 4 min read

Where do I make service of court filings upon the Attorney General?

The following is an informational guide for the service of court filings upon the Attorney General. In most cases, service may be made at any one of the Attorney General's offices listed below. However, there may be instances where service on the Attorney General must be made at the Sacramento office only or to the designated staff as listed here.

Will the bankruptcy court send me a notice of support obligation?

The notice will be sent regardless of whether the support obligation is current or delinquent. If you have questions about the bankruptcy notice, you may wish to contact the attorney for the debtor listed on the notice. However, the debtor’s attorney cannot advise you of all of your rights, or what you may need to do to protect yourself.

What happens when a bankruptcy case is filed?

When a bankruptcy case is filed, the Clerk of Bankruptcy Court mails a notice of commencement to the Debtor (bankrupt), the Debtor’s attorney, the creditors of the Debtor, as well as other “parties in interest”.

How to contact the Attorney General of California?

For service on the Attorney General: Office of the Attorney General; 1300 "I" Street; Sacramento, CA 95814-2919; Phone: (916) 445-9555; Office of the Attorney General; P.O. Box 944255; Sacramento, CA 94244-2550; Office of the Attorney General; 455 Golden Gate Avenue, Suite 11000; San Francisco, CA 94102-7004; Phone: (415) 510-4400; Office of ...

What does the US attorney general investigate?

The Attorney General's responsibilities include safeguarding Californians from harm and promoting community safety, preserving California's spectacular natural resources, enforcing civil rights laws, and helping victims of identity theft, mortgage-related fraud, illegal business practices, and other consumer crimes.

What happens after bankruptcy trustee meeting?

The court will grant your bankruptcy discharge 60 - 90 days after the meeting. If the trustee filed a no-asset report, the case will be closed pretty soon after the discharge is entered. Until your case is closed, make sure to keep an eye on any mail from the court or the trustee so you don't miss anything important.

Why would I get mail from the Department of Justice?

However, it's often an indication that the government will likely follow up with a civil or criminal charge. Target letters can be sent out at various stages of an ongoing investigation. Sometimes, they're a formality and the target is already aware of the potential charges he or she is facing.

What's the difference between US attorney and attorney general?

The president appoints U.S. attorneys, who mainly serve as administrators. Assistant U.S. attorneys handle the bulk of the trial work. The U.S. attorney general, who is the chief law enforcement officer in the United States and the head of the Department of Justice, has supervisory responsibility over U.S. attorneys.

What can you not do after filing bankruptcies?

After you file for bankruptcy protection, your creditors can't call you, or try to collect payment from you for medical bills, credit card debts, personal loans, unsecured debts, or other types of debt.

How long after a bankruptcy discharge is the case closed?

For most filers, a Chapter 7 case will end when you receive your discharge—the order that forgives qualified debt—about four to six months after filing the bankruptcy paperwork. Although most cases close after that, your case might remain open longer if you have property that you can't protect (nonexempt assets).

Why would the office of attorney general send me a letter?

A target letter is commonly used in white collar cases and it is a way for the federal government to notify you that you are a target of a criminal investigation. A target is defined by the United States Attorney's Office as someone against whom there is substantial evidence.

Why would someone get a letter from the Office of the Attorney General?

Letters from the U.S. Attorney's Office often request documents from the recipient. In civil cases, these types of letters are called “civil investigative demands,” meanwhile in criminal matters, these letters are generally accompanied by a grand jury subpoena.

Why would I be getting a letter from the Department of Defense?

In federal criminal investigations, the DOJ customarily sends target letters to individuals who are either the target or the subject of a grand jury investigation. One who is considered a target is a person who the U.S. Attorney believes has “substantial evidence linking him or her to the commission of a crime.”

How powerful is the Attorney General?

The Attorney General of the United States – appointed by the President and confirmed by the Senate – heads the DOJ with its more than 100,000 attorneys, special agents, and other staff. It represents the United States in federal criminal and civil litigation, and provides legal advice to the President and Cabinet.

How do you know if the feds are investigating you?

Probably the second most common way people learn that they're under federal investigation is when the police execute a search warrant at the person's house or office. If the police come into your house and execute a search warrant, then you know that you are under investigation.

Can the feds take over a state case?

If a crime is committed that is a violation of local, state, and federal laws, does the FBI “take over” the investigation? No. State and local law enforcement agencies are not subordinate to the FBI, and the FBI does not supervise or take over their investigations.

What is the next step after the meeting of creditors?

Your creditors have 60 days from the date of your initial meeting of creditors to object to your discharge. If no creditors object and you've completed all other requirements (such as filing your certificate of debtor education), then you'll receive your discharge after the deadline for filing objections passes.

Does the trustee monitor your bank account?

While your trustee will most likely periodically check all of your financial accounts such as your bank accounts, in order to ensure that you have enough money to continue making your bankruptcy payments, they are not permitted to touch any of your funds, other than the funds which are allocated for your secured loan ...

Can you spend money after 341 meeting?

Can You Spend Money After the 341 Meeting? Absolutely! Any money earned after filing for Chapter 7 bankruptcy is yours to do with as you like because post-filing earnings aren't part of the "bankruptcy estate" or bankruptcy case. You can keep it, spend it, or give it away.

How does a bankruptcy trustee find hidden assets?

The bankruptcy trustees go about finding hidden assets by taking a close look at your debts, as well as doing public record searches, online analysis, tax returns, review reports from former spouses or friends, as well as payroll slips that may show deposits into banks or accounts that you have not listed in your ...

What Does a State's Attorney Do?

Criminal prosecutions are the chief duty of most State's Attorney offices. In many states, such as Michigan, criminal prosecutions follow a predetermined series of steps [source: Prosecuting Attorneys Association of Michigan].

How are state attorneys elected?

In general, State's Attorneys are elected by the people they represent. Their duties are spelled out in the laws of the local governments they represent, and they're held accountable by the voters for how well they do their jobs and how well their performance matches up with the local politics of the area. But a State's Attorney hardly ever does ...

What is the chief duty of a state attorney?

Criminal prosecutions are the chief duty of most State's Attorney offices. In many states, such as Michigan, criminal prosecutions follow a predetermined series of steps [source: Prosecuting Attorneys Association of Michigan].

What is the process of discovery?

Before a trial takes place, the process of discovery takes place, at which the State's Attorney and the defense attorney share information they intend to introduce as evidence at trial. This can include physical or written depositions of witnesses to find out what they know, written questions called interrogatories which the other side must complete, and review of documents and evidence in the case [source: American Bar Association ].

How many states have grand jury indictments?

About half the 50 states use grand jury indictments in criminal prosecutions. Grand juries hear cases brought by State's Attorneys, and only the evidence and witnesses presented by the State's Attorney are considered.

What is plea bargaining?

At some point during these hearings, a plea bargain may be offered to induce the suspect to enter a guilty plea. Before a trial takes place, the process of discovery takes place, at which the State's Attorney and the defense attorney share information they intend to introduce as evidence at trial.

What is a prosecuting attorney?

Prosecuting attorneys are the voice of the people in America's courtrooms, enforcing the law and representing the duly elected government at all levels. A State's Attorney is the most common term for a prosecutor, someone who represents the people in criminal and civil legal matters. But while the most iconic image of a State's Attorney is the trial prosecutor depicted in countless television shows, books and films, State's Attorneys don't just prosecute accused criminals.

What is notice regarding bankruptcy?

Notice Regarding Bankruptcy: Debtor's Store Closing or Going-Out-of-Business Sales 11 USC § 101 et seq. - To give notice to the California Attorney General of a motion or other bankruptcy proceeding that seeks authority for a debtor's store closing or going-out-of-business sales, present service to:

How long does it take to serve notice on the AG?

Business & Professions Code § 16750.2 - Requires service of notice on the AG within 3 days, if a violation of B&P § 16700 et seq (Cartwright Act) is alleged or the application or construction of the chapter is in issue in any proceeding in the Supreme Court of California or a state court of appeal, by the person who commenced that proceeding.

What is the preferred method of serving appellate briefs?

Serve appellate briefs and petitions electronically (the preferred method).

What is the address of the Attorney General's office in San Diego?

P.O. Box 85266-5299. San Diego, CA 92186-5266. Please note, the Office of the Attorney General accepts service of process Monday-Friday between the hours of 8:00 a.m. – 5:00 p.m. Our Office is closed on weekends and regular State holidays.

What time does the Attorney General accept service of process?

For service on the Attorney General: Please note, the Office of the Attorney General accepts service of process Monday-Friday between the hours of 8:00 a.m. – 5:00 p.m. Our Office is closed on weekends and regular State holidays.

What is the law that requires service on the Attorney General?

1798.29 (e) and s. 1798.82 (e) - California law requires a business or state agency to notify any California resident whose unencrypted personal information, as defined, was acquired, or reasonably believed to have been acquired, by an unauthorized person.

When did the California Rules of Court change?

In January 2007, the California Rules of Court were reorganized and renumbered. The language of former rule 44.5 was renumbered as Rule 8.29. Civil Code § 51.1 - Mandatory service on State Solicitor General of each party's brief or petition and brief in causes of action based on violation of specific civil rights statutes.

What is the rule for serving HUD?

Rule 4 (i) (2) requires that to serve the HUD Secretary, you must “serve the United States and also send a copy of the summons and of the complaint by registered or certified mail to the agency, corporation, officer, or employee.”. So Rule 4 (i) (2) sends you right back to Rule 4 (i) (1). Rule 4 (i) (1) has two steps to effect service (provided ...

What is the FRCp rule?

The instructions are contained at Rule 4 (i) of the Federal Rules of Civil Procedure (“FRCP”). Let’s take an example and that one of the defendants is the Secretary of the Department of Housing and Urban Development (“HUD”). Rule 4 (i) (2) requires that to serve the HUD Secretary, you must “serve the United States and also send a copy ...

How many times do you have to serve the Attorney General?

Attorney General is a defendant in his or her official capacity, you would technically have to serve the Attorney General twice!

Where to send summons and complaint?

Send a copy of the summons and complaint by registered or certified mail to the U.S. Attorney General at Washington, D.C. While the address for the U.S. Attorney General is usually stated as 950 Pennsylvania Ave., NW, Washington , D.C . 20530, I would literally just write on the label “U.S. Attorney General, Washington, DC 20530.”

What is Rule 4(i)(1)(B)?

Rule 4 (i) (1) (B), according to Judge Easterbrook of the Seventh Circuit Court of Appeals, ” is designed to help the Department of Justice monitor its field offices and maintain a central register of litigation.” Tuke v. United States, 76 F.3d 155, 157 (1996).

Who accepts summonses and complaints?

The Attorney General has designated the Assistant Attorney General for Administration, Justice Management Division, to accept service of summonses and complaints for him/her. See 28 C.F.R. § 0.77 (j). United States Attorneys have no authority to accept service on behalf of the Attorney General.

Which rule sends you right back to Rule 4?

So Rule 4 (i) (2) sends you right back to Rule 4 (i) (1).

How many states did Steve Marshall lead in the Supreme Court?

Attorney General Steve Marshall Leads 17 States in Supreme Court Brief Supporting Religious Charity Right to Hire People Who Share Its Faith

Who announced the first distribution of funds from McKinsey Opioid Settlement?

Attorney General Steve Marshall Announces First Distribution of Funds from McKinsey Opioid Settlement

What is consumer interest?

The consumer interest division works to help educate the public in possible scams/fraud and identity theft. We advise consumers on how to protect themselves against possible scams/fraud and who to contact if they are a victim. To have a Consumer Specialist come speak to your organization, civic group or church group, please fill out and turn in the attached request form.

Who is the Attorney General of Alabama?

Attorney General Steve Marshall Warns Alabama Storm Victims to be on Guard Against Home Repair Fraud and Price Gouging

Who is the leader of the Hyde Amendment?

Senate Majority Leader Chuck Schumer and Senate Majority Leader Mitch McConnell. on Monday, Attorney General Marshall called on Congress to resist the president’s. efforts to force taxpayers who object to abortions to pay for them. “The Hyde Amendment was first enacted in 1976 following the United States Supreme.