In contemplating Bankruptcy Chapter 7, it says to list any claims, so they won't be stamped "promissory estoppel."Can the claims be listed as below, or does it need to specify the entity (lenders, servicers, trustee, does 1-100) that may have complaints and causes of action against them after the bankruptcy is completed?The need to get them all in is so they won't be barred from these complaints in the future. There are different lenders and servicers that with different actions/complaints against due to other foreclosures in the past and one tied up in the present bankruptcy. . This is an example of the possible claims on Schedule B. Thank you so much1. Claims seeking declaratory and injunctive relief, and damages against ABC Loans and DEF Servicing, LLC for alleged violations of the Truth in Lending Act (“TILA”) for porperty 12. Claims seeking declaratory and injunctive relief, and damages against 123 mortgage for alleged violations of the Truth in Lending Act (“TILA”) for property 23. Rescission of loans above #1 & #24. Actionable Fraud and Misrepresentation (XYZ loans, DEF servicing, and does 1-100)5. Unjust Enrichment 6. Promissory Estoppel7. Breach of Implied Warranties8. Claim not Proper Parties to Foreclose 9. Claim of Lien by the Wrong Party10. Recordation Fraud 11. Fraudulant Transfer/Recordation Fraud 12. Injunctive Relief, Disgorgement Under California Private Attorney Generals Statue, Cal. Business & Prof. Code sec 1720013. Consumer Fraud14. Common Law Fraud15. Negligence16. Declaratory Relief17. Ex Parte application for TRO/Motion (OSC) and Preliminary Injunction (Injunctive Relief)a. Complaint to enjoin foreclosure/Vacate Trustees Saleb. Complaint for Declaratory relief, and action for accounting c. Enjoin Trustee sale/void foreclosured. Motion for punitive damages e. Quiet Title 18. Motion to dismiss19. Motion to compel20. Summary Judgment 21. Motion to Expunge Notice of Pendency of Action (Lis Pendens)22. Motion to cancel Trustees Deed 23. Cancellation of Deed of Trust24. Slander of Title25. Wrongful foreclosure (violations of CC and procedure)a. Recontrust and BAC for property 4b. UTLS Default Services for property 1c. NOP LLC for property 126. Violations of 15 U.S.C 1692 Federal Fair Debt Collection Practices Act (FDCPA) (multiple)a. Violations of California’s Rosenthal Fair Debt Collection Practices Act27. Claims for Violations of Real Estate Settlement Procedures Act (RESPA) 28. Multiple complaints of Fraud including above actionable Fraud: (Consumer, Contract, Business & Foreclosure Fraud as well as aforementioned)a. fraud in the inducementb. negligent and intentional misrepresentationc. discriminationd. Consumer Fraud and Deceptive Practices Act and the Uniform Deceptive Trade Practices Act. e. Conspiracyf. Breach of Fiduciary Dutyg. Bad Faith29. False Claims Act30. Common Law Fraud(does one of the above include Contract fraud? I think #30 does)
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In answer to your question, you need to list each and every creditor individually. You also need to list account numbers, addresses, and amount that is owed. When you file a Chapter 7 you file a "Petition", not a complaint. As such, you file schedules which list your income, assets, creditors, and your intentions to reaffirm debt, etc. But you do not need to list any types of causes of action or your petition. So promissory estoppel, injunctive relief, etc do not need to be listed.
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I will be more than happy to add more information if you have any more questions, just let me know.Thanks,J. Scott
the trustee wants a list of law suits that may be filed after bk. Does the example give him what is needed. I don't want to be estopped from being able to file suit for these claims if the trustee does not want to take them on.
I find that interesting because once you file bankruptcy, your creditor are prohibited from filing any lawsuits against. So if you filed on June 1, 2012, no creditor can file a lawsuit after that date. And, any lawsuits that are already filed, are estopped or prohibited from pursuing their lawsuit unless they contest the bankruptcy in one way or another.So if you list the creditors in your petitions, they cannot file a lawsuit against. So the fact that the trustee wants a list of potential lawsuits is puzzling to me. Can you give me any more information as to why the trustee wants this list?If I have more information, I maybe able to help you more.Thanks,J. Scott
you mis understand, I have to tell the trustee if I'm planning on filing any suits in the future.
Now that I understand. The reason the trustee wants to know which suits you may potentially bring is because any money won in those lawsuits may become assets of the bankruptcy estate and the trustee will take those funds or assets to liquidate and give to the creditors. So if I was listing the potential lawsuits, I would give the name of each potential defendant, the amount owed, and why you are suing them. I would not list each and every cause of action. Does that answer your question? If not, just let me know and I will be more than happy to give you more information.Thanks again,J. Scott
do the potential defendants have to be listed on shed. B. or can the defendants list be e-mailed to the trustee. We don't want to alert the defendants of possible suit.
Since the potential lawsuits could be assets of the bankruptcy estate, anybody who owes you money needs to be listed in the your schedules. Now, they will not be given notice of your bankruptcy like your creditors, but they must be listed so that the trustee can pursue the lawsuit if chooses to. Not listing people who owe you money could be a problem for you that you do not want to have. Remember, you are swearing under oath that everything in your petition is true and correct.Just because you list them in your schedules doesn't mean that you have to list that you are going to sue them. Just that they owe you money, which I am sure they already know.Let me know if you need anything else.My best,J. Scott
I have practiced bankruptcy law for 10 years. Have handled hundreds of cases.
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