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Fritz
Fritz, Attorney
Category: Bankruptcy Law
Satisfied Customers: 302
Experience:  Florida attorney with extensive experience in Chapter 7 and Chapter 13 consumer bankruptcy cases
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Can u sue some if your in bankruptcy in va

Resolved Question:

Can u sue some if your in bankruptcy in va
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  dylatess replied 1 year ago.
Over 34 years, I have assisted my clients with debt problems having filed more than 32000 Chapter 7 and Chapter 13 Bankruptcy petitions.

If you have filed a bankruptcy, you cannot be sued and likewise you cannot sue either. That is because the bankruptcy trustee steps in your shoes and decides whether there are assets to sue for. Likewise, if you have informaton, you need to provide it to the trustee so that the trustee can decide whether to file a lawsuit. And this answer applies regardless of what state that you reside in.
dylatess, Attorney
Category: Bankruptcy Law
Satisfied Customers: 4692
Experience: 36 plus years of experience specializing in bankruptcy law
dylatess and 2 other Bankruptcy Law Specialists are ready to help you
Customer: replied 1 year ago.

no i didnt file bankruptcy, brother did. lets start over. my brotherrrr and i enter into a lease agreement one that he is not license to do. but however we both signed it. aug 2008 brother file bankrupcty, now i cant make payments. i move in damon home in 2009 and became the onl income person in the home. paying all the bills buying all the food etc. what evr the house need i bought. brother told me he could not find no info on trailer. told me guess i got myself a free trailer. 2011 damon amend his bankruptcy. add the house and other person stuff. 2012 we started getting along bad didnt see eye to eye on anything. so i moved now he suing me for the trailer and 53k. claims is none payment fraud, and even state that he has not seen trailer since i pick it up. non of which is true. but he got a attorney to type this up and file in a court. judge gives me 21 days to defend this or he awrad damon the trailer and 21k. is this right


 


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State/Country relating to question: Virginia

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Well my last question is just more detailed information sorry i was just throwing a can you question out there, but the more detail is my problem i face. loosing everything behind his bankruptcy. i need your advice please help me.

Expert:  Wendy-Mod replied 1 year ago.
Hi, I am a moderator for this topic. It seems the Professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new Professional to assist you right away, but sometimes finding the right Professional can take a little longer than expected.

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Customer: replied 1 year ago.
Yes please i will wait. i need to know
Expert:  Wendy-Mod replied 1 year ago.
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Expert:  Fritz replied 1 year ago.

You REALLY, REALLY, REALLY need an attorney to assist with preparing a defense in this case. It doesn't sound like your brother's claims of non-payment fraud, etc. are very strong, but you need a local attorney to draft an Answer for you within the 21 day period. If you try to do this yourself, you could potentially hurt your case, as your Answer will need to assert a number of particular and highly nuanced affirmative defenses, all of which must be raised in your Answer.

 

 

From my perspective as a Bankruptcy practitioner, assuming you hire an attorney to handle the state court lawsuit, an even bigger problem could be a preferential and/or fraudulent transfer action by the Trustee in your brother's bankruptcy case.

 

 

Your brother purchased/financed the trailer in November 2007 with only your name on the title. Your brother then filed bankruptcy in August 2008 (without disclosing the trailer in his Schedules), less than one year from the date he purchased the trailer and (arguably) transferred the title over to you. However, the secured LOAN was in your brother's name, so the LOAN should have been disclosed in the bankruptcy (which likely wasn't done, or you would have likely been dragged into your brother's bankruptcy proceeding back in 2009 - you might have won on the merits, but this issue certainly would have come up and been litigated had your brother disclosed everything he was supposed to at the time he filed).

 

 

Under Section 547(b)(4)(B) of the Bankruptcy Code, a "transfer to an insider between ninety days and one year before the date of the filing of the petition" may be considered a preferential transfer, and the Bankruptcy Trustee can "clawback" (i.e. take) the property from you, even if your legal title to the property is completely legitimate under state law and you own the trailer free and clear of all liens. A fraudulent transfer under Section 548 is similar, except it allows the Trustee to "clawback" property transferred within TWO years of the date the bankruptcy was filed.

 

 

You need to be aware of this Bankruptcy issue, as the Trustee will likely come after you to recover the trailer if you win in state court. You should discuss all of this with your attorney and plan accordingly.

Fritz, Attorney
Category: Bankruptcy Law
Satisfied Customers: 302
Experience: Florida attorney with extensive experience in Chapter 7 and Chapter 13 consumer bankruptcy cases
Fritz and 2 other Bankruptcy Law Specialists are ready to help you

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