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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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Customer Question

if the bankruptcy trustee abandons a debt once listed in a chapter 7, does than mean that the creditor has permission to resume a lawsuit in court over the abandoned debt even if the bankruptcy has not been discharged yet?
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 1 year ago.

cfortunato :

Hi - my name is XXXXX XXXXX I'm a Bankruptcy attorney here to assist you.

cfortunato :

Trustees do not abandon debts - they abandon property.

cfortunato :

Are you asking about a property that the trustee abandoned?

Customer :

i will give you what happened, i hired a contractor to restore my home after a fire. (the fire blew to my house)

cfortunato :

Did the Bankruptcy trustee abandon the home?

Customer :

anyways, i hired a inspector to inspect my house after the completion. ( I had 80K worth of damages and counting. Through the inspector report, I held back the last payment of 11.2K of an insurance check made out to the mortgage company, me and the contractor due to damages to my house. the contractor was suing me in jp court in DE. it was stayed due to be filing ch 7. (long story) In short, the construction contractor came to the 341 meeting to ask the trustee that once bankrupcty was discharged can contractor resume the lawsuit againt me;the bankrupcty trustee stated that since the check i am holding is in 3 parties name , mort co who signed, then me and the contractor who have not signed ( i refused to forward for signature) then the trustee will be taking the check out of bankruptcy. also, the bankruptcy trustee stated that the damages are limited to only the amount of the check.Though I am still in bankruptcy, the bankruptcy has not been discharged yet, i got served with a notice that I am being sued and the case has been resumed based on a letter of abandonment from the bankruptcy trustee. my bankruptcy atty says i have to get a civil attorney to help me resolve the matter. by the way by resuming the case, i am being sued for $14.8K not the $11.2k the amount of check. I thought no legal cases until after the bankruptcy was discharged/????? Hence my question to you.

Customer :

i never saw the abandon letter...first i heard of it. my bkt atty office is sending it to me

Customer :

i am just bewildered about the whole thing.

Customer :

what does opted out mean

Customer :

is this referred to another attorney

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.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Wendy
Customer: replied 1 year ago.


yes, can you find some1 to answer thanks,

 

please delete my entry --- thanks. I expect that i will not be charged since no one answered by question.

 

Please confirm that the question and other comments have been deleted.

Customer: replied 1 year ago.


please delete my question and other information

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