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Roger
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 26099
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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In CA, I filed bankruptcy chap 7 in march 2008, it was final

Resolved Question:

In CA, I filed bankruptcy chap 7 in march 2008, it was final in june 08. I had a lawsuit filed against a bank which I listed as worth $25K potentially. The trustee saw no value in it and even made fun of me, because I was pro se. Now, 5 years later, after losing at district and winning an appeal, he is trying to reopen my BK, and take control of my lawsuit! Help!
Submitted: 10 months ago.
Category: Bankruptcy Law
Expert:  Roger replied 10 months ago.

Kirk Adams : Hi - my name is XXXXX XXXXX X'X a Bankruptcy litigation attorney. Thanks for your question. I'll be glad to assist.
Kirk Adams : The issue is going to boil down to whether or not the trustee abandoned the claim to you. If he did, then you would have the right to resist the trustee.
Customer:

Yes, he abandoned it, I even have the transcripts where he laughs at me and says "never sue a bank they have the money to defend it and you dont." etc.

Customer:

But he filed a motion to reopen saying I undervalued it! and committed fraud.

Customer:

In 2011 the case was worth nothing! I lost.

Kirk Adams : Well, the trustee had the right to evaluate and value the lawsuit too.
Kirk Adams : He didn't have to rely on your claims.
Customer:

right, he had over three months and decided to abandon it and now he wants it!

Customer:

any case law I can site?

Kirk Adams : You can't stop the trustee from trying to reopen your case, but you should have a solid position to claim that he abandoned the claim and that he has no grounds to NOW come in and try to claim it as an asset of the estate since there's potential money to be recovered now.
Customer:

He is claiming I misled the court about the potential, but at the time, I was still in my home. The lawsuit is about being wrongfully foreclosed on.

Customer:

I am not an atty- is there case law I can find about him abandoning it and it was his responsibilty to value the case?

Customer:

a lot has happened in the last 5 years regarding fraud, robo signing, and wrongful foreclosure, I could not have predicted that

Kirk Adams : Sure. I understand that. Also, as I said, the trustee has the right to investigate and value, too.
Customer:

I am trying to find how to support my argument to the court next week... having a hard time finding the rules... I did list it as a potential asset....

Kirk Adams : The best claims should be judicial estoppel and that the trustee abandoned the claim.
Customer:

ok- will research that thanks!

Kirk Adams : The case law on this may be sparse because this DOES NOT happen very much at all.
Kirk Adams : A trustee seldom abandons a claim.
Customer:

ok

Customer:

gotta go! thanks

Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 26099
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Roger and other Bankruptcy Law Specialists are ready to help you

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