Bankruptcy Law

Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Bankruptcy Law
This answer was rated:

I had a civil rights suit against a former employer that had

been fully briefed in the...
I had a civil rights suit against a former employer that had been fully briefed in the court of appeals then the company filed a chapter 11 bankruptcy before the case had been ruled on. An automatic stay was placed on the case because of this. I filed an unsecured claim because the case had not been ruled on by the court of appeals. Does the fact that they are in bankruptcy automatically close my case or do I have to wait until the bankruptcy is dismissed or discharged in order to be able to continue with my case. Furthermore the company reorganized sold off some of their assets and are operating under a new name.
Show More
Show Less
Ask Your Own Bankruptcy Law Question
Answered in 6 minutes by:
6/9/2011
socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 39,498
Experience: Attorney and Real Estate Broker -- Retired
Verified
Your case is stayed, not terminated. You could have moved (and still can move) for relief from the automatic bankruptcy stay, if the appellate court's ruling would change your rights in the case in a manner that would affect your rights in bankruptcy (e.g., if you would prevail on a claim of fraud, which could be made nondischargeable in bankruptcy).

The issue you must resolve is whether or not obtaining a lift of stay would ultimately change your rights in bankruptcy. If yes, then move for a lift of stay -- otherwise, there's no point, because you would just be throwing good money after bad.

Hope this helps.

socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 39,498
Experience: Attorney and Real Estate Broker -- Retired
Verified
socrateaser and 87 other Bankruptcy Law Specialists are ready to help you
Ask your own question now
Customer reply replied 6 years ago
will I have to change the case name when the BR is discharged because the company name is XXXXX XXXXX they have set up a fund in a new confirmation plan that seems to exclude such claims as mine. This has been very hard to understand. Also are you saying that no matter what they do in this bankruptcy(CH 11) that I can continue to pursue my case once it is discharged.
I don't know the status of your case, so it's difficult to state anything definitively.

If the debtor's Chapter 11 plan is confirmed, and the debtor completes the plan, and you are listed as a creditor, then your claim will be discharged and your appeal rendered moot. As a creditor, you have the opportunity to object to your treatment under the plan, or request that it be dismissed entirely, before the plan is confirmed. If that opportunity is passed, then you are now at the mercy of the plan and the debtor's ability to complete that plan.

If the opportunity has not passed, then you could ask the court to lift the stay so as to allow the appeal to be resolved -- but, the issue remains as to whether the appellate court decision would actually change anything in bankruptcy -- whether the only real issue is whether or not the debtor can pay its debts (assuming that there is no credible proof of fraud concerning your case). If there is fraud on the table in the appeal, then that can be used to defeat the discharge of your claim, and that means that your strongest legal move is to move to lift the stay so as to try to get the appellate court to hold that you were defrauded.

Otherwise, you're probably toast.

Hope this helps.

Ask Your Own Bankruptcy Law Question
Customer reply replied 6 years ago
Thank you it is worth a try. This is the best and most honest answer I could get anywhere. I am forever grateful. Atleast I know what to expect now. Win loose or draw. Are you allowed to advise me on how to go about doing that? As far as I know I am not listed as a creditor in the new plan atleast when I looked at the listed names of creditors I did'nt find mine. I'll look again...... If there is a problem with you tip let me know something weird happened with paypal. Thank you much.
You can put my userid (socrateaser) on any new questions, and they will be directed to me.

If you're not listed as a creditor, then did you file a proof of claim? If not, you may want to do that, so that you receive notice of the proceedings. Also, if you haven't done so already, then you need to subscribe to PACER, so that you can see all of the case files.

There are limits to what I can do in this forum. And, I cannot take your case. But, if you have specific questions, feel free to ask. Otherwise, you need to hire a lawyer to represent your interests before the bankruptcy court.

Hope this helps.

Ask Your Own Bankruptcy Law Question
Customer reply replied 6 years ago
in my case the MSPA the new buyers assumed all responsibility for my claim in the assumed liability clause but in the SOPA they only assumed partial liability under the assumed liability clause in the agreement which allows me to pursue judgement from the new buyers but not collect any monetary releif if granted by the appeals court of which I have a civil claim. Both the sellers and the buyers are trying to get me to change the name of the case to the new buyers but if I do that I'm concerned that I could get a judgement in my favor but yet not able to collect on it and also I would not be able to pursue the sellers before the B/R is discharged because of the stay. Am I right? I filed the motion to be relieved from the stay because there is fraud on the table as mentioned in our previous communication as far as my appeal goes in the appeals court.
Yes, you're right. If there was a fraudulent transfer, i.e., the purchase of the business was for less than reasonably equivalent value, then the seller will have obtained money that could have been used to pay creditor claims. Dismissing the seller from the action is effectively permitting the seller to escape without liability (assuming seller did receive too much in exchange for the business assets or stock).

Hope this helps.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!

Ask Your Own Bankruptcy Law Question
Customer reply replied 6 years ago
Well Socrateser I'm not exactly sure if the seller received to much in the sale but it appears the MSPA and the SOPA contradict each other. The buyers have addressed the SOPA to the appeals court where I have a civil case(the SOPA allows for a judgement but no releif if granted) and the sellers have addressed the MSPA to the B/R court where I have asked for releif from the stay(the MSPA allows me to pursue the buyers and obtain a judgement and monetary releif if granted by the appeals court). It appears they are manipulating the courts with the different agreements in order to stop me from obtainf monetary releif in my appeal. Which one supersedes the other the MSPA or the SOPA?
It's a mixed question of fact and law. The agreements themselves may indicate priority. In the absence of any express indication, there's no easy answer. It's possible that they could run concurrently, or that one could supersede the other. I don't necessarily think that it's all that relevant, because the real issue is whether or not the collective acts and omissions of the former and successor owners have caused money to flow out of the business with the intent or effect of avoiding the payment your claim.

Not having the appellant court brief for review, makes my answer highly speculative. But, assuming that all of the evidence is before the court, it should have little difficulty in sorting things out.

Hope this helps.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!

Ask Your Own Bankruptcy Law Question
Customer reply replied 6 years ago

I was reading on a US courts site that in chapter 11, 12, and 13 cases, if confirmation of a plan or the discharge is obtained through fraud, the court can revoke the order of confirmation or discharge, would what happened in my case constitute fraud in the banruptcy?

I also told the court that I believe my case has been singled out because it's the only one of it's kind in the banruptcy.

Intentional Torts: Debts resulting from a willful or malicious act may not be discharged. Debts resulting from intentional torts and debts incurred by fraud are presumably dischargeable. In this type of situation, the creditor must file a request with the court to have the debt declared nondischargeable. I read this on a different site. I'm trying to figure out how this could help me. 1. They already have two plans MSPA and SOPA. and now they are tring to get the case name changed to the buyers because I didn't file a claim but the buyers can take partial responsibility for claim except for monetary damages. ( I'msorry Socrateser I'm comfused). 2. I asked the court to add the name of the buyers in stead of replacing the name because to do so would discharge my claim period because of the language in theMSPA and the language in the SOPA. The obligations of the SOPA have not yet been fulfilled.

I was reading on a US courts site that in chapter 11, 12, and 13 cases, if confirmation of a plan or the discharge is obtained through fraud, the court can revoke the order of confirmation or discharge, would what happened in my case constitute fraud in the bankruptcy?

 

A: A proved fraud on the court can cause the bankruptcy court to vacate the discharge order. However, a fraud in the bankruptcy petition is not the same as an adversary proceeding claiming fraud on a particular debt -- which is your circumstances. In such a case, if you don't sue the creditor to prove a fraud, and the bankruptcy court discharges the debtor, then your claim, fraudulent or not, will be discharged.

 

Hope this helps.

Ask Your Own Bankruptcy Law Question
Customer reply replied 6 years ago

today I got a call from the court expressing the judge issued an order, they havn't received my reply to the debtors response to relief from the automatic stay I requested yet. The order is in favor of the debtors the order is to change the mane on the case and releive the debtors from responsibility and that's not what I want and I stated that in the reply I mailed yesterday it takes a few days for the court to recieve the reply the debtors filed their response this past thursday. Don't I haved a right to reply to the debtors response before a ruling is made?

also how long do the debtors have to respond to a motion filed becase it was thirty days before their reply was submitted to the court and how long do I have to submit a reply? Oh and how long do I have to file an appeal to the order today?

Note: This Q&A session has exceeded the scope of the original question. Please consider Accepting again.

Don't I haved a right to reply to the debtors response before a ruling is made?

A: No. There is no such right. If you don't get your reply in before the judge rules, then you're SOL.

Also how long do the debtors have to respond to a motion filed becase it was thirty days before their reply was submitted to the court and how long do I have to submit a reply?


A: Opposition papers must be filed within 21 days. Reply papers have no deadline unless ordered by the court, in which case, 21 days for a Reply.


Oh and how long do I have to file an appeal to the order today?

 

A: An appellant has 14 days to file a notice of appeal to the District Court or Bankruptcy Appellate Panel (if applicable in the circuit).

 

Hope this helps.

 

 


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!


 

Ask Your Own Bankruptcy Law Question
Customer reply replied 6 years ago

Can I object to the order? and how long do I have for that? The order is for me to be able to change the name however and to remove the other party it's not and order ordering me to change the name on the case.

You can't object to the order. The court has already ruled. You have 14 days to file a notice of appeal , pursuant to Fed. R. Bankr. Proc. Part VII. This is not an easy process, but it's the only one available.

Hope this helps.
Ask Your Own Bankruptcy Law Question
Customer reply replied 6 years ago
Ok. I need to know if the MSPA and the SOPA are supposed to be the same? if they are not the same were the debtors supposed to file with the court and ask for an amendment to the MSPA before changing the wording in the SOPA.
Please click Accept for my previous answers, and I will be happy to consider your new question.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!

socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 39,498
Experience: Attorney and Real Estate Broker -- Retired
Verified
socrateaser and 87 other Bankruptcy Law Specialists are ready to help you
Ask your own question now
Ask socrateaser Your Own Question
socrateaser
socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 39,498
39,498 Satisfied Customers
Experience: Attorney and Real Estate Broker -- Retired

socrateaser is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Terry L.

Terry L.

Attorney

2,679 satisfied customers

Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.

cortrightlaw

cortrightlaw

Attorney

511 satisfied customers

Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.

JoeLawyer

JoeLawyer

Attorney

376 satisfied customers

Attorney in the practice of Bankruptcy Law since 1996

A.J.

A.J.

Attorney

262 satisfied customers

Experienced consumer bankruptcy attorney.

Fritz

Fritz

Attorney

209 satisfied customers

Florida attorney with extensive experience in Chapter 7 and Chapter 13 consumer bankruptcy cases

Law Girl

Law Girl

Attorney

153 satisfied customers

I am an attorney.

Paul K, Esq.

Paul K, Esq.

Attorney

141 satisfied customers

10 years Exp., Great customer service, Prompt responses.

< Previous | Next >

Related Bankruptcy Law Questions
Received a notice of automatic dismissal without the entry
Received a notice of automatic dismissal without the entry of a discharge. for failure to file documents. a/b, D, E/F,I,J,J2,statement of your current monthly, income BUT I filed these forms but at 2 … read more
DrakeLAW
DrakeLAW
Juris Doctorate
978 satisfied customers
I had a hearing in bankruptcy court- does this mean I wasn't
I had a hearing in bankruptcy court- does this mean I wasn't supposed to defend myself against the one who called for the hearing?… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I filed a chapter 13 bankruptcy petition in 2012. It was
I filed a chapter 13 bankruptcy petition in 2012. It was converted to a chapter 7 and I received a discharge of debt under USC 727. In 2016 I filed another chapter 13, and the same creditors who didn'… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I filed a Chapter 13 petition in 2012 which was converted to
I filed a Chapter 13 petition in 2012 which was converted to Chapter 7 and I received a discharge in 2015. While a case was still opened I filed a another 13 in 2016. The same alleged secured creditor… read more
socrateaser
socrateaser
Attorney
39,498 satisfied customers
Rule 1009 all petitions, lists and scheduled statements and
Rule 1009 all petitions, lists and scheduled statements and admendments should be verified or contain unsworn delcaration to filed what is this… read more
Ray
Ray
Lawyer
Doctoral Degree
30,865 satisfied customers
Files his Chapter 7 petition and fails to include a creditor
John files his Chapter 7 petition and fails to include a creditor whom he borrowed $5K from for an educational loan. He wants to amend his petition to include the creditor before his creditors meeting… read more
Terry L.
Terry L.
Attorney
Doctoral Degree
2,679 satisfied customers
I filed a volunteer chapter 13 bankruptcy petition. I
I filed a volunteer chapter 13 bankruptcy petition. I converted my petition to a chapter 11. I was later converted to a chapter 7 by the bankruptcy court. It was a asset liquidation case which consist… read more
DrakeLAW
DrakeLAW
Juris Doctorate
978 satisfied customers
I filed a chapter 13 bankruptcy petition in the district of
I filed a chapter 13 bankruptcy petition in the district of Connecticut. It was converted to asset case under chapter 7. The trustee filed a "notice of pendency of bankruptcy case" on the land records… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I received a letter from the united states bankruptcy court
i received a letter from the united states bankruptcy court southern district of new york … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,343 satisfied customers
I filed bankruptcy and just received a notice saying
hello. I filed bankruptcy and just received a notice saying sheriffs notice of bankruptcy procedures. pursant to a creditors instructions under a writ of execution , the sheriff levied on and is curre… read more
DrakeLAW
DrakeLAW
Juris Doctorate
978 satisfied customers
What happens if a debtor files a chapter 13 petition and
What happens if a debtor files a chapter 13 petition and includes only two executory contracts on the schedules. Then, the debtor moves to convert to chapter 11 and files an amended set of schedules b… read more
DrakeLAW
DrakeLAW
Juris Doctorate
978 satisfied customers
Not a duplicate** Must a creditor petition the bankruptcy
Not a duplicate**Must a creditor petition the bankruptcy court to pursue a judgment lien for post-petition debt/arrears? Are they violating the automatic stay if they do not get permission from the ba… read more
Maverick
Maverick
Doctoral Degree
6,134 satisfied customers
I NEED TO FILE A PETITION IN A BANKRUPTCY CASE. I don't know
I NEED TO FILE A PETITION IN A BANKRUPTCY CASE. I don't know if I'll need a lawyer or not. I am a creditor and I sold my business to another person 21/2 yrs ago. She has several creditors but the othe… read more
socrateaser
socrateaser
Attorney
39,498 satisfied customers
Bankruptcy court trial hearing Brief needed. I am a
Bankruptcy court trial hearing Brief needed. I am a Creditor, already finished a Rule 2004 exam on Debtor, out of court. I must file brief and exhibits by this Friday.… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I filed an initial "emergency" petition for chapter 13 and
I filed an initial "emergency" petition for chapter 13 and the rest of my documents are due tomorrow and I don't have all them ready, i filed without an attorney. I am trying to figure out how to get … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,356 satisfied customers
I received notice from the Trustee of an "Order Striking
I received notice from the Trustee of an "Order Striking Filing For Failure To Comply With Required Procedures".I believe the problem is with a creditor who had an undeliverable address, however, I ha… read more
DrakeLAW
DrakeLAW
Juris Doctorate
978 satisfied customers
For DrakeLAW **** This question is about an unsecured claim
For DrakeLAW ****This question is about an unsecured claim within my current Ch. 13 bankruptcy.I am in arrears to my condominium association for approximately $13,000 in unsecured debt (it's unsecured… read more
DrakeLAW
DrakeLAW
Juris Doctorate
978 satisfied customers
Can I withdraw my Petition for Bankruptcy, Chapter 7, filed
Can I withdraw my Petition for Bankruptcy, Chapter 7, filed on December 12, 2016? If so, what are its effects. … read more
DrakeLAW
DrakeLAW
Juris Doctorate
978 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x