Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Please understand that I have no interest in providing you with anything less than a completely satisfying answer. However, if the law does not favor your unique circumstances, then the best that I can do is to explain what the law "is" and what it "is not” – and hopefully save you from wasting time continuing to look for an answer that does not exist.
In this circumstance, there are a lot of variables which rely on quality of proof to push the result in favor of either party. So, it's impossible to be absolutely definitive. Hopefully what I have provided you will allow you to decide whether or not it's worthwhile for you to pursue this with the bankruptcy court.
Please let me know if I can clarify or assist you further.
At the time of bankruptcy, the business was worth $0.00. The trustee called the partners and asked them if they wanted to buy my shares. They said "no it's not worth anything". The trustee held onto the asset and it began to make money. Then sold it to the partners for $50,000. I would have received $91,010.00 in income for 2012. So yes, there are damages. And yes, I have email from my attorney stating that my attorney had spoke to the trustee AND his wife/legal assistant that I would change my exemption, which the trustee denies, but my attorney will attest. So there is a breach of contract. Correct?
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