Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Thank you, XXXXX XXXXX reply. Since this case is old 1999, all 5 properties are sold by Chapter 7 Trustee, all secured and Un-secured creditors are paid 100%. But I did not get anything out of it , Zero to me, Debtor.
I am trying to prove that trustee is at fault, and as a pro-se have been successful in getting a Surcharge of $98,000/. against the Trustee, Trustee paid $98,000 in penalties and interest to IRS, Surcharge ordered by District Court, I receive all that $98,000/.as everyone is p[aid 100%.
I filed a Motion that all paid 100% except Students loan. That is being deducted from my Social Security Retirement Benefits.I also raised the issue that I was never informed of 341meeting and that Trustee misappropriated estate funds by paying $98,000 in interest and penalties to IRS.
Trustee replied that I was present at the 341a meeting and that I did get a Discharge also.
Eeverything is sold and all secured and un-secured loans are satisfied at100% , and Trustee have submitted his final accounting, approved by court and by US Trustee.
This is high assets case,I lost a bundle by court converting my chapter 13 to chapter 7. Trustee took everything , sold and paid himself highly.
If I prove that Trustee should have my presence at the 341a meeting and He did not, He have bad intentions from the start of the case , to keep me out, as I had to move to Sharjah, UAE to seek low cost of living.
I need to force my way and prove that Trustee at fault, and then sue him for damages also.I can't get in any trouble as Trustee sold everything that I had, everyone is paid in full. Except me, at Zero. and to top off, trustee left Students loan unpaid to be deducted from my Social Security Benefits. The Students loan was declared in my filing originally .and the creditor had also filed a claim for Students Loan.
Thank you, XXXXX XXXXX although old,1999, is still open, I have an appeal in District Court for Un-accounted Rents received and collected by the property manager hired by the Trustee.
When the statue of limitations will run out? in New Jersey.
Should I file and sue the Trustee now or wait till all appeals and Motions are over?
Do I need the bankruptcy court's permission to sue in State court?
A: Frankly, I doubt that it will matter, because I suspect that you will not be able to overcome the discovery rule. Regardless, I would sue as soon as possible.
A: If the trustee was not removed from your bankruptcy case by the court, then you need the court's permission to sue the trustee, and you would have to file a motion requesting an order granting that permission.
Hope this helps.
Thank you. So, I do need an attorney to sue, will you be able to do this for me.I think that your answers were very good and you can do a good job to sue Trustee.If willing let us discuss this in details. My contact details are:
Thank you, I will need your help. and if you can direct me , how and where to sue and on my way to handle discovery , as i lack this very important part of law suit.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).