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socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 34634
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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ToCustomer Disregard the info above. I just clicked on

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ToCustomer
Disregard the info above. I just clicked on this email to bring up the site.

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?
I have no idea how to form the filing or if I should state in what Court I want to file my law suit. Hopefully not in the District Court since I have already appealed BK orders there and am completely lost in the process.
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.
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.
4. Can I ask the BK court for an independent investigator or would that person suggested by the BK court be too inside?
Any help how to file BK permission and a law suit would be helpful.
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 2 years ago.
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.


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

Customer: replied 2 years ago.

Since the trustee is asking for another 90 plus thousand dollars in his application - can I also ask the court for an injunction on his fees until there is a hearing on my claims against the trustee?

The Judge can OK the application soon. I am writing my objections but without an attorney - no one seems to be worried about what I file.

 

Do I have to have the law suit against the trustee prepared and presented to the BK court at the same time I file the doc for permission to sue the trustee or can it be latter?

 

Where would I file the law suit - in what court?

Expert:  socrateaser replied 2 years ago.

Since the trustee is asking for another 90 plus thousand dollars in his application - can I also ask the court for an injunction on his fees until there is a hearing on my claims against the trustee?

 

A: You could ask for whatever you want. However, what you are requesting would be based upon the court's authority to remove and sanction the trustee for breach of fiduciary -- which, according to you, the court will never do. The problem, of course, is that you are also asking the judge for a ruling for leave to sue the trustee -- an order that is ultimately adverse to the trustee. I don't see the logic in trying this maneuver, vis-a-vis trying to remove and sanction the trustee. But, that's your choice.


Do I have to have the law suit against the trustee prepared and presented to the BK court at the same time I file the doc for permission to sue the trustee or can it be latter?

 

A: If I were writing this motion, I would include a copy of the proposed draft of the lawsuit/complaint. But, it's not required, as long as you can identify the claim and the evidence in support as part of the motion.

 

Hope this helps.

 

 


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



 

Customer: replied 2 years ago.

Please explain you first answer above - I am completey confused.

What don't you see the logic in- suing or injunction or removing????? What is your suggestion?

 

I thought you suggested a motion to remove the trustee and hopefully have the trustee sanctioned. I know the Judge would not do this at this late stage of my case nor did he do it a few years ago when the Judge repremanded the trustee for increasing a realtor's commission for some extra 200K. But if it does serve a purpose - such as surcharging the trustee to offset what he is trying to do with selling my home - then it would certainly help.

 

I thought I was going to ask the court for permission to sue the trustee under the Barton doctrine......?

Currently I am writing my opposition to the trustee's request for 90K - listing his wrong doing that will be filed today.

 

Are you saying that I should not file a doc asking permission to sue? or I should not file a request with the Court to ask for a stay or injunction of the trustee's fees until there is a hearing on my claims against the trustee & his attorneys or.....?

 

Please understand that I am completely over whelmed, out of my league, in the dark and have little chance of success without siting case law etc. but I still look for justice in the court. Sorry this response is so confusing. Too much to sort out.

 

Expert:  socrateaser replied 2 years ago.

Please explain you first answer above - I am completely confused.

What don't you see the logic in- suing or injunction or removing????? What is your suggestion?

 

A: Since the judge is the gatekeeper of your potential lawsuit, and since you have stated that the judge would never remove the trustee, you appear to have concluded that the judge does not believe that the trustee has committed any wrongful act (or that the judge is simply biased or afraid and so he/she won't help you). If this is true, then why do you expect the judge to grant leave to sue the trustee? I don't see the logic in asking the court to permit you to accomplish indirectly by a lawsuit what the court is apparently unwilling to permit you to accomplish directly, through a motion to remove the trustee.

Are you saying that I should not file a doc asking permission to sue? or I should not file a request with the Court to ask for a stay or injunction of the trustee's fees until there is a hearing on my claims against the trustee & his attorneys or.....?

A: I don't advocate any course of action for a customer. I will never tell you or anyone else what he/she "should" do. I "justanswer" questions "about" the law. If you believe that filing a motion for leave to sue the trustee is a viable option, then by all means, go for it.

Sorry for any confusion. I'm just trying to help.


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

socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 34634
Experience: Attorney and Real Estate Broker -- Retired (mostly)
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socrateaser
socrateaser
Bankruptcy Lawyer
34634 Satisfied Customers
Attorney and Real Estate Broker -- Retired (mostly)