How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask socrateaser Your Own Question

socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 34350
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
10097515
Type Your Bankruptcy Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

Socrateaser: Regarding trustee & his attorney in Chapter 7. I

Resolved Question:

Socrateaser:
Regarding trustee & his attorney in Chapter 7.
I have an East Coast law suit filed against a person for violating building codes and who built his house on top of my deeded easement to the beach. The taking devalued my property for the benefit of his property. In so doing he not only violated the local building codes but also violated the automatic stay by taking property of my BK estate.

Brief history: Very rich person wanted my property. I did not want to sell. This person - a previous tenant at this property - colluded with my then husband to buy the property. Both my ex deceased husband and my rich ex tenant colluded together to buy the property out from under me and my son (the real owner). They both cut off funds due to me to force foreclosure and concocted an indemnity agreement to take most of the funds from the offer to buy - to be set aside to fight my son's rights to the property. If sold at that time there would have been a deficit and not enough funds to pay the IRS. We were no match for the attack nor did I understand it at the time.

Years of litigation protecting what I already owned continued until they forced me into Chapter 7 with a trustee. The Trustee wants money from a sale & therefore he has stalled the litigation on the porperty until he can sell the property under value to the very person who created the building violations and the violation of the automatic stay. When I had funds and had an attorney - they took weeks preparing the Sanctions motion against the taking of property of the BK estate. Its all been ignored.

The trsutee's idea since taking over my estate is to sell the property before the conclusion of the local building violations. the trustee already declared the sancitons motion for taking property of the BK estate Zero value - and the trustee wants to sell ASAP which would render the existing local building violations moot if property is sold.

NOW - the trustee's attorney has made a new plan. He has filed documents - like an invitation to the same person who wants to buy the property - to come and buy - we have dropped the value and THE EXISTING LAW SUIT GOES WITH THE LAND.
IN EFFECT - THE VERY PERSON (MY EX TENANT) WHO COVETED MY PROPERTY & DEVALUED MY PROPERTY BY THE TAKING THE EASEMENT IS GIVEN A PASS BY THE TRUSTEE WHO NOW STATES IT IS BALCK LETTER LAW THAT THE EXISTING LAW SUIT asainst my tenant RUNS WITH THE LAND!
The perpetrator gets to own his own law suit when he buys the property Which hs has tried to do for year.
The buye will not use his own well known name - there will be a corporation or a straw person to present an offer.
Please advise me if it is true if the law suit runs with the land - black letter law and how can I respond to the trustee's plan. Some words of wisdom I can use.
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 2 years ago.
The statement that a civil action does or doesn't "run with the land" is irrelevant, because "a debtor's prepetition causes of action and claims for relief are legal interests in property, includible in the bankruptcy estate." See Smith v. Arthur Andersen LLP (9th Cir. 2005) 421 F.3d 989, 1002.

In other words, if the trustee wants to transfer the cause of action concerning the easement along with the real property, then the trustee can do so.

Hope this helps.

NOTICE: My goal here is to educate others about the law. I am always available to answer your follow-up questions after you click Accept – however, if you do not click Accept, the website gets paid, and I receive nothing. This is true, even if you are on a subscription plan. So please click Accept, so that I will be able to continue to provide this service for others in the future.


And, if you need to contact me again, please put my user id on the title line of your question (“To Socrateaser”), and the system will send me an alert. Thanks!


Customer: replied 2 years ago.

But this action by the trustee's attorney would cause a huge loss to the BK estate - enough to cause a reason to sell my residence.

 

the trustee's recent action - lowering the value of the property for sale - contrary to all other ocean front comporables per the appraiser who gave quick sold comporables as a consultant because I needed the info ASAP.

 

The huge devaluation by the trustee's attorney was to create a short fall between the assets and the debts (mostly my deceased ex husband's attorneys claim)

 

The huge devaluation was concocted to show a shortage - just enough to have an excuse to sell the family home.

There must be some rights of mine other than filing a motion to remove the trustee and his attorney who is friends and has been in front of this Judge for years. The Judge would never remove the trustee & his attorney.

 

Expert:  socrateaser replied 2 years ago.
The trustee must provide a noticed hearing to sell estate property outside of the ordinary course of business. Bankr. Code 363(b)(1). You can object to the sale -- but, unless your grounds are that the trustee is engaged in some sort of grand conspiracy to obtain your property for the benefit of an outside party, I don't see why the court would find your reasons compelling, since they won't affect your ultimate outcome in the case.

Which takes you right back to asking the court to remove the trustee.

Hope this helps.
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 34350
Experience: Attorney and Real Estate Broker -- Retired (mostly)
socrateaser and other Bankruptcy Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
< Last | Next >
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
  • http://ww2.justanswer.com/uploads/TL/tleeders/2012-6-13_204815_TSL1.64x64.jpg Terry L.'s Avatar

    Terry L.

    Attorney

    Satisfied Customers:

    2204
    Better Business Bur 15yrs bankruptcy experience. Chicago Bar
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    950
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/CO/cortrightlaw/2011-12-5_4117_Kevin.64x64.JPG cortrightlaw's Avatar

    cortrightlaw

    Attorney

    Satisfied Customers:

    490
    Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
  • http://ww2.justanswer.com/uploads/Jay1968/2006-12-03_004423_JoeRossPhoto.jpg JoeLawyer's Avatar

    JoeLawyer

    Attorney

    Satisfied Customers:

    376
    Attorney in the practice of Bankruptcy Law since 1996
  • http://ww2.justanswer.com/uploads/DY/Dylatess/2012-9-11_1968_BHBTemplePhoto.64x64.jpg dylatess's Avatar

    dylatess

    Attorney

    Satisfied Customers:

    370
    35 plus years of experience specializing in bankruptcy law
  • http://ww2.justanswer.com/uploads/US/USLawAnswers/2012-9-20_23143_20090105211638Headshot3b.64x64.jpg Brent Blanchard's Avatar

    Brent Blanchard

    Bankruptcy Attorney

    Satisfied Customers:

    315
    Twelve years experience in all aspects of debtor & creditor BK.
 
 
 

Related Bankruptcy Law Questions