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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110431
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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What are the advantages of asking a court to declare that a

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What are the advantages of asking a court to declare that a person outside of participants in a case to be declared to be an agent of one of the participants in the case.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

A party is legally liable for the actions of their agent committed within the scope of their agency and the agent would be jointly and severally liable with their principal. Furthermore, if an agent has acted outside of the scope of that agency, the agent can be personally liable. Thus, in having someone found to be an agent can allow you to go after not just the participant, but you could pursue the agent in the case for liability as well.

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Customer: replied 3 years ago.

I am a creditor (pro se) in a federal bankruptcy case. The debtor was the owner of a dairy farm in Vermont. In his filing he said he had debts of between $1M and $1.5M, and assets of about $575,000.

I own (or owned) about 55-70 Jersey dairy cattle, out of a total of about 275 head of Jersey dairy cattle on his farm. The Debtor sold my cattle along with his, and applied all of the proceeds to pay off his farm loan.

I think the Debtor is using a neighboring farmer to hide my 12 remaining cattle. The court is not helping me find my cattle; it has declared my cattle to NOT part of the Debtor's bankruptcy estate.

Thank you for your response.

I am afraid it is not the court's job under the law to help you find your cattle. If you find your cattle, you can get a court order to recover your property and if you know it is at a neighboring farm you can sue the neighboring farm owner for "replevin" which is the common law tort to return property. Thus, you can use a private investigator to go out to try to find out if the neighbor has your cattle and then file suit against the neighbor for their return and that is the legal way to pursue the matter.

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