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pending civil case included in Ch 7 BK. Plaintiff attorney

Resolved Question:

pending civil case included in Ch 7 BK. Plaintiff attorney did not file adversary action and BK was discharged. Now after discharge plaintiff attorney wants superior court to rule on declatory relief for attorney's fees/cost of suit against debtor/defendant in civil suit even though plaintiff attorney admits no monetary judgment could be rendered (if case was to go forward, though, now it is not) due to discharge.
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  Roger replied 4 years ago.
In order to recover attorneys fees, the party this attorney represents must prevail and receive a money judgment in some monetary amount - even $1. If the claim was included and discharged by the bankruptcy, the attorney should not be entitled to attorneys fees.
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 26854
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Roger and 2 other Bankruptcy Law Specialists are ready to help you
Expert:  Roger replied 4 years ago.

Your main argument should be that the attorney stood by and didn't object to any issues regarding this claim in your bankruptcy and allowed it to be discharged without incident.

 

The creditor should not be allowed to come back in now - after the case is over - and try to object to the discharge or otherwise try to collect on a discharged debt.

Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 26854
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Roger and 2 other Bankruptcy Law Specialists are ready to help you
Customer: replied 4 years ago.
There were 5 causes of action in the civil suit. the first five causes involved damages requesting monetary judgments. The plaintiff attorney in superior court last week admitted that the first 4 causes of action are moot at this point due to the BK discharge. I presume he doesn't intend to go forward in an attempt to prevail since monetary judgment, by his own admission, is not possible. At this point he is only trying to get a ruling regarding the 5th cause of action which is the declatory relief for attorney's fees/costs of suit. Can the suit legally go forward in light of the discharge or not?

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