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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 17447
Experience:  B.A.; M.B.A.; J.D.
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I filed bk and got discharge in 2013. 3 clients bought a

Customer Question

I filed bk and got discharge in 2013. 3 clients bought a financial product in 2010. I noticed them, in the bk. the trustee for the product that is bankrupt now has a trustee filed adversarial suit on me and all agents now. are they supposed to challenge my bk, or dismiss me? if so, the plaintiff atty won't acknowledge either, how do I send the info to the judge. I cant get an attorney.
Submitted: 7 months ago.
Category: Bankruptcy Law
Expert:  Phillips Esq. replied 7 months ago.
I am sorry, but I am having a hard time understanding your post. Kindly review, edit, properly identify the parties and the issues, and resubmit. Thank you for your cooperation,
Customer: replied 7 months ago.
A life settlement company was put into chapter 11. The trustee has made an adversarial law suit to each Salesman to get back all commissions alleging fraud. Fraud in the highest. Etc. that was March 15 2016. My sales that I got commission on under this approved product under my broker dealer were in 2010. I filed personal bankruptcy in 2013. I put notice in that to each of the 3 small clients who bought. How can my personal bankruptcy protect me vs the suit that the trustee put on me. ?? He sued all 400 agents to get back all commissions with a blanket allegation as if we are all living in the same house.
Expert:  Phillips Esq. replied 7 months ago.
Thank you for the information. If you put the "3 small clients" in your bankruptcy, the trustee cannot sue you to get the commission. Your discharge injunction prevents the trustee from going after you for the commission. See 11 U.S.C. Section 524: https://www.law.cornell.edu/uscode/text/11/524 Kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this. Thank you for your cooperation.
Customer: replied 7 months ago.
I said they allege fraud. The plaintiff attorney won't show the plaintiff or the judge my bk. Is it because the atty wants to go to my bk court and challenge my bk to make it nondischargeable saying its fraud ?
Expert:  Phillips Esq. replied 7 months ago.
Even if fraud is being alleged, the challenger MUST still file objection during the time designated by the bankruptcy to file an objection or forever be barred from doing so. The time to file objection is usually 60 days after the conclusion of the Section 341 meeting.
Customer: replied 7 months ago.
I am still not able to get a paycheck until 4/29. I am trying to be able to do something. I checked the northern district fort worth bankruptcy court rules and it says a motion for summary judgement must not contain argument or authorities. Since you mention authorities, and seems like arguments, what if anything can I do with this information? It certainly is a null answer from the plaintiff attorney when I gave them copies of the bk.
Customer: replied 7 months ago.
why did you say that it is barred, if this law federal exists:??The challenge is accomplished through a special kind of lawsuit, called an adversary proceeding, filed in the Bankruptcy Court pursuant to § 523(c). However, according to FRBP 4007(c) such a lawsuit must be filed no later than sixty days after the first date set for the 341 meeting of creditors, and there is no wiggle room. Thus, if the creditor isn’t scheduled, it won’t receive notice in time to file the adversary complaint.In sum, if the creditor isn’t scheduled it can’t timely file a proof of claim or timely challenge the dischargeability of the debt in question – at least under any of § 523(a)(2), (4), or (6). For that reason, Congress included § 523(a)(3) in the Code.By the way, it is worth noting that the 60-day bar date of FRBP 4007(c) only applies to the § 523(a)(2), (4), or (6) exceptions to discharge. The other § 523(a) exceptions have no such time limitation and are governed by FRBP 4007(b), which provides: “A complaint other than under § 523(c) may be filed at any time.”IV. The Chapter 7 No-Asset Exception

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