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If Trustee decides he wants to do a lawsuit that I had put

 
cortrightlaw's Avatar
  • Answered by:cortrightlaw
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Customer Question

If Trustee decides he wants to do a lawsuit that I had put in Schedule B as a lawsuit I want to do, can I ask to have my Chapter 7 dismissed? I thought once I filed for bankruptcy I could not file any claims against anyone unless the Trustee gives the o.k. to do so.

But now, I'm hearing I can file a TRO/injunction....in federal court before the creditors meeting and getting the Trustees "abandoning" the claim.
Anyone know which one is true?

 

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State/Country relating to question: California

Submitted: 377 days and 16 hours ago.
Category: Bankruptcy Law
Value: $25
Status: CLOSED

Accepted Answer

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Expert:  cortrightlaw replied377 days and 16 hours ago.


cortrightlaw : Any potential claim you have becomes part of the bankruptcy estate and the bankruptcy trustee can step into your shoes and pursue the matter for the benefits of the estate/creditors. Unless there is a clear value the trustee rarely takes this option. Then once the trustee files his notice of no assets and you receive your discharge you can pursue the claim again on your own. If you are in a hurry you can bring a motion to abandon but this might raise an interest by the trustee thinking there might be value or why would you be pursuing it.
Customer : Well me and my big mouth, I told him a lot, I thought trustee was on my side. So now he knows one mortgage where I lived and now my daughter lives is an unsecured loan and he said the house I'm in if it's unsecured I could use as my homestead and keep. Or does that just mean hell abandon it, I keep it and then they can foreclose? Or try, but I of course would file a suit. Trustee said it would take him 6 months and a lot of work to see if what I was saying about foreclosing lender was true. I stupidly told him I have done all that and only that for the last 5 months. Now I think he'll ask me for all my documentation and pursue it since I did all the work

Expert TypeAttorney
Category: Bankruptcy Law
Pos. Feedback: 98.9 %
Accepts: 458
Answered: 5/12/2012

Experience: Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.

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