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FiveStarLaw
FiveStarLaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 3267
Experience:  Bankruptcy Lawyer. Experienced.
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We had a civil case that turned into a bankruptcy,we need a case number XXXXX can quote that can help us bring back our assets loss for the civil case, our bankruptcy attorney that claimed as exempt the monetary damages from this lawsuit,The United States Trustee filed no objection,because the case was closed as a no asset case,Trustee walked away from the litigation.Civil action against the doctor,seeking money damages,debtors reserve the right to amend the exemptions based on the outcome of the litigation against the doctor our bankruptcy attorney wrote
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  JoeLawyer replied 1 year ago.

Hello. I want to be sure I understand what's going on:

It is my understanding that you had a civil lawsuit which you properly listed as an asset in your bankruptcy schedules. Evidently neither the Trustee nor the U.S. Trustee felt the civil case was worth pursuing as an asset for your creditors in the bankruptcy case, so the civil suit was abandoned by the Trustee back to you and the bankruptcy was deemed a no asset case.

Then, after the bankruptcy was over, you tried to commence the civil suit, and you are having problems.

Who are you having problems with? (i.e. Who is telling you that you cannot pursue the civil suit? The defendant in the civil suit?)

Thanks,
Joe

LEGAL NOTICE: I am only licensed to practice law in certain state(s) and I cannot give legal advice to someone who does not reside in a state in which I am licensed, nor shall anything I say in the above answer or elsewhere on this site be deemed legal advice, even to someone who resides in a state in which I am licensed. Funds I receive from JustAnswer.com are gratuities paid to me for taking the time to respond to questions, not for legal advice. This forum is designed to provide general information only, and information herein is not warranted to be correct or applicable in any way since laws may have been misinterpreted herein, since laws change from time to time, and since the impact of those laws on any particular situation varies. The information presented in this site shall not be construed to be formal legal advice nor the formation of an attorney-client relationship. Persons accessing this response are encouraged to seek independent legal counsel in their jurisdiction for guidance regarding their individual circumstances. Do not take any action or inaction based on information presented herein since it is informational and may not be accurate or applicable to you; it merely attempts to give you a basis of knowledge to help you formulate questions to ask a legal or other professional in a face-to-face meeting in your jurisdiction. JoeLawyer is an attorney but does not hold himself out to be a specialist or expert in any area, regardless of assertions made by any third party, and any implication of being an expert or specialist herein is made in error. I hope the information presented above is useful to you. Answer above is (c) JoeLawyer. All rights reserved.

Customer: replied 1 year ago.

Supreme Court said I cant bring my assets over to the civil suit because they were forgiven in bankruptcy court,I need a case number XXXXX did bring the assetes over to civil suit because it is wrong,I had equity in the properties and house,this was his fault not mine

Expert:  JoeLawyer replied 1 year ago.
Sorry I am still having a little trouble following... Do you mean your debts were forgiven in the bankruptcy? Assets don't get "forgiven"; assets are your property, such as your vehicle, household goods, and your civil suit, etc. However, if those assets are exempt or if selling them would not bring enough money to make it worth the trouble, the Trustee will "abandon" his or her interest in those assets, meaning you get to keep them even after the bankruptcy is over.

Also, I don't know what you mean by needing a case number. A case number XXXXX XXXXX number assigned to your bankruptcy case (or other law suit) for identification purposes. Are you wanting a case cite for a case favorable to your argument? I can try to help you find favorable case law but only when I understand what is going on so I know what to look for.

I don't understand what you mean by your assets being brought over to your civil suit. I am also confused about what the equity in your properties and house have to do with your civil suit, and whose fault you think something is? Your lawyer's fault?

Are you having problems with the bankruptcy court or with the court in which you were suing someone civilly?

Thanks,
Joe

LEGAL NOTICE: I am only licensed to practice law in certain state(s) and I cannot give legal advice to someone who does not reside in a state in which I am licensed, nor shall anything I say in the above answer or elsewhere on this site be deemed legal advice, even to someone who resides in a state in which I am licensed. Funds I receive from JustAnswer.com are gratuities paid to me for taking the time to respond to questions, not for legal advice. This forum is designed to provide general information only, and information herein is not warranted to be correct or applicable in any way since laws may have been misinterpreted herein, since laws change from time to time, and since the impact of those laws on any particular situation varies. The information presented in this site shall not be construed to be formal legal advice nor the formation of an attorney-client relationship. Persons accessing this response are encouraged to seek independent legal counsel in their jurisdiction for guidance regarding their individual circumstances. Do not take any action or inaction based on information presented herein since it is informational and may not be accurate or applicable to you; it merely attempts to give you a basis of knowledge to help you formulate questions to ask a legal or other professional in a face-to-face meeting in your jurisdiction. JoeLawyer is an attorney but does not hold himself out to be a specialist or expert in any area, regardless of assertions made by any third party, and any implication of being an expert or specialist herein is made in error. I hope the information presented above is useful to you. Answer above is (c) JoeLawyer. All rights reserved.
Customer: replied 1 year ago.

Making this clearer



March 2005 we bought a practice for 1 million dollars. It was a bogus sale. Atty. came into action Sept. 2005. Docket # XXXXX Atty asked for emergency trial two times because we could not make payments. Denied by court. In the mean time the man we bought the property from AFTER the Lawsuit was filed . From Florida with his computer changed our mailing address where he stole all our insurance payment checks for patients. Attorney information and Patient information. The Postal System will not help us put him in jail because it is in litigation. So we were forced into bankruptcy Case # XXXXX:06-bk-01860. We lost two other offices our assets and our home of over 16 years. We were forced to leave our life behind and start over. Under schedule B of Bankruptcy our Atty put in the clause for protection and referring back to the The above mentioned law suit. Docket # XXXXX This person broke many laws and the court is protecting him. The Judge gave our witnesses vacation time excusing them from their testimonies so we had to cancel twice. We were sitting in the court room afterXXXXXto get there and they dismissed the case again total of 5 trial schedules dismissed. So the Judge the first time granted us the bankruptcy assets and then took it away. It went to the superior court and our answer was we were not allowed the protected assets and we would have a double windfall Docket # XXXXX Pa Superior Court. So now we have nothing It said awaiting Remittal. This means the person that went against us gets the 1 million free and clear while doing all of these things against us and we lose our life. So I am asking for a case refuting their decision. We were protected under bankruptcy by that Atty. The case was abandoned. We have been in this for over 7 years. Please help us

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

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