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socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
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Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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Just had Bankruptcy Court seize all assets KGEZ radio station

Customer Question

Just had Bankruptcy Court seize all assets KGEZ radio station evict me, shut the station down and transfer the license to trustee, all before I got the order on Saturday, I have made a motion to reconsider within the ten days. I believe I will win on appeal. How do I file an injunction. I'm pro se and can't find a lawyer. to high profile
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 5 years ago.

I assume that creditors have placed the station into involuntary bankruptcy.

 

If the bankruptcy court now controls the assets, then a motion for relief from the order will either succeed based on your evidence, or not. There's no need to file for an injunction.

 

If you lose your motion, you may have to file an adversary complaint to prove that whatever the creditors claim is false, and thereby obtain damages against the creditors for the wrongful bankruptcy filing.

 

But, I don't see any facts that suggest an injunction is called for -- though I'm sure that this is just the tip of the iceberg in this story.

 

Hope this helps.

 

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Customer: replied 5 years ago.

Trustee converted me to 7 becuase previous attorney screwed up my schedules and then quit left me hanging.

As the radio station is now silent and all income is lost. I attempted to dismiss.

I only sought protect becuase of 4 million dollar bogus judgment against my dissolved corps. I appealed to Supreme Court but they attempted to grab the station. I filed Chapter 11 to prevent this. This is a total liquidation

Expert:  socrateaser replied 5 years ago.

If your attorney screwed up your schedules, then you have a malpractice action against the attorney.

 

The court has discretion to refuse a dismissal, if it believes that the creditors' rights will be impaired. Apparently, that's what the court found.

 

If there is a valid (albeit bogus, but not appealed) judgment from another court, then your only recourse is to have it discharged and put whatever assets are in the station towards paying the bill, or reorganize in Chapter 11, which apparently, the trustee thought was not being properly managed, thus the seizure of assets.

 

You will either get the order set aside and be back in Chapter 11 reorganization, or you won't. You will have to show that whatever the trustee claimed as grounds to seize the assets is incorrect.

 

Still no grounds for an injunction.

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