1. Can you give me a sample of a BK court filing that requests permission to sue a trustee per the Barton doctrine that I can use as frame work and copy some of the words?
A: See this link
The sample may not be superlative, but it's functional.
2. Do I include the trustee and his law firm in the law suit? The lawyer and the judge have known each other for years and he has been in front of this BK judge for years. The trustee's attorney has been running the case except for the trustee who I believe is making deals on sales. I would have to sue both of them but I have no idea how to do this.
A: You don't need to include the lawyer, but if you believe that the lawyer was complicit in a scheme to intentionally devalue the bankruptcy estate, then you can sue the attorney, too.
3. This Judge will never remove the trustee because of his attorney therefore my only hope is in another court. I already went to the US trustee in Wash. DC last June and asked for an investigation of my case. - I had to make calls about a month ago just to find out why I never had a response.
A: This isn't a question, so I have no Answer.
4. Can I ask the BK court for an independent investigator or would that person suggested by the BK court be too inside?
A: I don't know of any precedent for a BK court to appoint an investigator to investigate the trustee. You have to either convince the judge to remove the trustee if the estate is not yet so damaged as to make it a futile effort, or you need to obtain leave to sue the trustee. The U.S. Trustee is in charge of investigating its own, and if you made the complaint and it has fallen on deaf ears, then maybe you want to consider writing the U.S. Attorney General, because he is the next person above the U.S. Trustee -- and after that, it's President Obama -- who probably won't respond at all.
Any help how to file BK permission and a law suit would be helpful.
A: The best way to do it is to provide credible evidence that the trustee has willfully acted to devalue the estate so as to put its property into the hands of a third party at a below market price, and ultimately to get a kickback for the effort.
I don't know if this is really what's going on, but credible evidence is always the most convincing argument.
Hope this helps.
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