Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
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.
Terms and Conditions: By your continuing in this conversation with me, or by your clicking “Accept”, you are expressly agreeing to all of the following: (1) our communication is for entertainment purposes only; (2) you are not consulting me in my professional capacity as an attorney; (3) you do not seek to establish an attorney-client relationship with me, nor do I with you; (4) you will not rely on anything I say and you will obtain appropriate legal counsel via a traditional/office consultation with an attorney licensed to practice in the jurisdiction where your legal issue arises (and you may not use our communication to avoid taxpayer penalties imposed by the U.S. Dept. of Treasury); (5) by communicating with me in this public forum you are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed. You further separately declare that any payment made by you is not consideration for this contract, nor offered for any services rendered by me on your behalf, but rather is made in genuine admiration and respect for my desire to help others. If you do not agree with these terms and conditions, then you must advise me immediately.
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
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).