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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2820
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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BANKRUPTCY - I listed as an asset a pending case against

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BANKRUPTCY - I listed as an "asset" a pending case against two attorneys. Thus notices from the court where case was pending, sent notices to the trustee and my attorney, both ignoring all requests to be present for conferences. When I requested notices, and ready to appear, my attorney said to do nothing, as I could not represent the trustee. Finally the case was "abandoned" by the trustee, and I showed up for a hearing. The Superior Ct. Judge dismissed it, because none of us in the past had appeared. Judge blamed me, I blamed my attorney and the bk trustee. Can this case still be re-opened? Are defendants off the hook? What do I do? Thanks, XXXXX XXXXX
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 5 years ago.

Terry L. :

Hi and thank you for your question. In the future, you can request me to answer any further questions.

Terry L. :

The bankruptcy will only step in when they feel the asset is worth pursuing.

Terry L. :

You (through your lawyer) should have continued the non-bankruptcy case as scheduled.

Terry L. :

Failure to appear is reason for dismissal.

Terry L. :

The bankruptcy trustee is not required to step in if they do not feel the case would result in any assets for the estate.

Terry L. :

Therefore, you need to have your lawyer bring a motion to vacate, and then explain the mixup and confusion to the court.

Terry L. :

if the case was dismissed without prejudice, you can refile the case. If the case was dismissed WITH prejudice, then you are barred from bringing a new case against them.

Terry L. :

Thanks for your question, good luck

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