Bankruptcy Law

Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Bankruptcy Law
This answer was rated:

ToCustomer Disregard the info above. I just clicked on

ToCustomer Disregard the info above. I...
ToCustomer
Disregard the info above. I just clicked on this email to bring up the site.

1. Can you give me a sample of a BK court filing that requests permission to sue a trustee per the Barton doctrine that I can use as frame work and copy some of the words?
I have no idea how to form the filing or if I should state in what Court I want to file my law suit. Hopefully not in the District Court since I have already appealed BK orders there and am completely lost in the process.
2. Do I include the trustee and his law firm in the law suit? The lawyer and the judge have known each other for years and he has been in front of this BK judge for years. The trustee's attorney has been running the case except for the trustee who I believe is making deals on sales. I would have to sue both of them but I have no idea how to do this.
3. This Judge will never remove the trustee because of his attorney therefore my only hope is in another court. I already went to the US trustee in Wash. DC last June and asked for an investigation of my case. - I had to make calls about a month ago just to find out why I never had a response.
4. Can I ask the BK court for an independent investigator or would that person suggested by the BK court be too inside?
Any help how to file BK permission and a law suit would be helpful.
Show More
Show Less
Ask Your Own Bankruptcy Law Question
Answered in 1 hour by:
1/5/2012
socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 39,498
Experience: Attorney and Real Estate Broker -- Retired
Verified
1. Can you give me a sample of a BK court filing that requests permission to sue a trustee per the Barton doctrine that I can use as frame work and copy some of the words?

A: See this link. The sample may not be superlative, but it's functional.

2. Do I include the trustee and his law firm in the law suit? The lawyer and the judge have known each other for years and he has been in front of this BK judge for years. The trustee's attorney has been running the case except for the trustee who I believe is making deals on sales. I would have to sue both of them but I have no idea how to do this.

A: You don't need to include the lawyer, but if you believe that the lawyer was complicit in a scheme to intentionally devalue the bankruptcy estate, then you can sue the attorney, too.

3. This Judge will never remove the trustee because of his attorney therefore my only hope is in another court. I already went to the US trustee in Wash. DC last June and asked for an investigation of my case. - I had to make calls about a month ago just to find out why I never had a response.

A: This isn't a question, so I have no Answer.

4. Can I ask the BK court for an independent investigator or would that person suggested by the BK court be too inside?

A: I don't know of any precedent for a BK court to appoint an investigator to investigate the trustee. You have to either convince the judge to remove the trustee if the estate is not yet so damaged as to make it a futile effort, or you need to obtain leave to sue the trustee. The U.S. Trustee is in charge of investigating its own, and if you made the complaint and it has fallen on deaf ears, then maybe you want to consider writing the U.S. Attorney General, because he is the next person above the U.S. Trustee -- and after that, it's President Obama -- who probably won't respond at all.

Any help how to file BK permission and a law suit would be helpful.

A: The best way to do it is to provide credible evidence that the trustee has willfully acted to devalue the estate so as to put its property into the hands of a third party at a below market price, and ultimately to get a kickback for the effort.

I don't know if this is really what's going on, but credible evidence is always the most convincing argument.

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

Since the trustee is asking for another 90 plus thousand dollars in his application - can I also ask the court for an injunction on his fees until there is a hearing on my claims against the trustee?

The Judge can OK the application soon. I am writing my objections but without an attorney - no one seems to be worried about what I file.

 

Do I have to have the law suit against the trustee prepared and presented to the BK court at the same time I file the doc for permission to sue the trustee or can it be latter?

 

Where would I file the law suit - in what court?

Since the trustee is asking for another 90 plus thousand dollars in his application - can I also ask the court for an injunction on his fees until there is a hearing on my claims against the trustee?

 

A: You could ask for whatever you want. However, what you are requesting would be based upon the court's authority to remove and sanction the trustee for breach of fiduciary -- which, according to you, the court will never do. The problem, of course, is that you are also asking the judge for a ruling for leave to sue the trustee -- an order that is ultimately adverse to the trustee. I don't see the logic in trying this maneuver, vis-a-vis trying to remove and sanction the trustee. But, that's your choice.


Do I have to have the law suit against the trustee prepared and presented to the BK court at the same time I file the doc for permission to sue the trustee or can it be latter?

 

A: If I were writing this motion, I would include a copy of the proposed draft of the lawsuit/complaint. But, it's not required, as long as you can identify the claim and the evidence in support as part of the motion.

 

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

Please explain you first answer above - I am completey confused.

What don't you see the logic in- suing or injunction or removing????? What is your suggestion?

 

I thought you suggested a motion to remove the trustee and hopefully have the trustee sanctioned. I know the Judge would not do this at this late stage of my case nor did he do it a few years ago when the Judge repremanded the trustee for increasing a realtor's commission for some extra 200K. But if it does serve a purpose - such as surcharging the trustee to offset what he is trying to do with selling my home - then it would certainly help.

 

I thought I was going to ask the court for permission to sue the trustee under the Barton doctrine......?

Currently I am writing my opposition to the trustee's request for 90K - listing his wrong doing that will be filed today.

 

Are you saying that I should not file a doc asking permission to sue? or I should not file a request with the Court to ask for a stay or injunction of the trustee's fees until there is a hearing on my claims against the trustee & his attorneys or.....?

 

Please understand that I am completely over whelmed, out of my league, in the dark and have little chance of success without siting case law etc. but I still look for justice in the court. Sorry this response is so confusing. Too much to sort out.

 

Please explain you first answer above - I am completely confused.

What don't you see the logic in- suing or injunction or removing????? What is your suggestion?

 

A: Since the judge is the gatekeeper of your potential lawsuit, and since you have stated that the judge would never remove the trustee, you appear to have concluded that the judge does not believe that the trustee has committed any wrongful act (or that the judge is simply biased or afraid and so he/she won't help you). If this is true, then why do you expect the judge to grant leave to sue the trustee? I don't see the logic in asking the court to permit you to accomplish indirectly by a lawsuit what the court is apparently unwilling to permit you to accomplish directly, through a motion to remove the trustee.

Are you saying that I should not file a doc asking permission to sue? or I should not file a request with the Court to ask for a stay or injunction of the trustee's fees until there is a hearing on my claims against the trustee & his attorneys or.....?

A: I don't advocate any course of action for a customer. I will never tell you or anyone else what he/she "should" do. I "justanswer" questions "about" the law. If you believe that filing a motion for leave to sue the trustee is a viable option, then by all means, go for it.

Sorry for any confusion. I'm just trying to help.


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
Law Educator I am attaching my rough draft to the trustee
Law Educator I am attaching my rough draft to the trustee -please advise in your professional opinion if there is something that needs to be deleted or added. Also, I am attaching the minute entry to … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Thank you law educator- one last question for awhile to rap
Thank you law educator- one last question for awhile to rap this up- 1. So in my continuance- I should inform the trustee about the vehicle- that was totaled correct? 2. Also do I need to send somethi… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
If the trustee rules that the person filing for bankruptcy
If the trustee rules that the person filing for bankruptcy has an equitable interest in real estate, can that ruling interfere with his exemption. Or is he allowed then to file for his right of redemp… read more
DrakeLAW
DrakeLAW
Juris Doctorate
984 satisfied customers
I have a chapter 7 in process in las vegas, nv. I have a
I have a chapter 7 in process in las vegas, nv. I have a court date set for a reaffirmation agreement for my mortgage. I would like to change my court date to a more current date. What motion with the… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,377 satisfied customers
I did a Ch 7 Bankrupcy in Illinois state and got discharged.
Hello,i did a Ch 7 Bankrupcy in Illinois state and got discharged. I see on my discharge it says "this order does not close or dismiss the case,and it dies not detemine how much money,if ant,the trust… read more
socrateaser
socrateaser
Attorney
39,498 satisfied customers
Can a creditor in a California bankruptcy proceeding who has
Can a creditor in a California bankruptcy proceeding who has entered into a post petition contract with the trustee in a chapter 7 case resend the contract if the trustee breeches the agreement. … read more
DrakeLAW
DrakeLAW
Juris Doctorate
984 satisfied customers
My question is regarding a bankruptcy, chapter 13. one of my
Hello. my question is regarding a bankruptcy, chapter 13. one of my clients filled for chapter thirteen 8 years ago. I leaned several pieces of his equipment. We went to trial in Oakland ca. several m… read more
Ray
Ray
Lawyer
Doctoral Degree
30,899 satisfied customers
If you have a trial scheduled and the US Trustees Office is
If you have a trial scheduled and the US Trustees Office is trying to get your case dismissed and you have been dealing with your attorney who has been doing things that will get him disbarred, how do… read more
Michael Bradley
Michael Bradley
JD
1,193 satisfied customers
I have hard evidence that the Trustee and Trustee atty were
Hello - I have hard evidence that the Trustee and Trustee atty were negligent, breached their fiduciary duties and allowed my federal case of fraud in the inducement run the SOL, without pursuing as t… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
The Trustee in a corporate bankruptcy case erased and/ or
The Trustee in a corporate bankruptcy case erased and/ or deleted tape recorded testimony of a key witness in a 2004 bankruptcy rule deposition. what recourse do I have being that witnesses testimony … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
Second opinion] The Trustee in a corporate bankruptcy case
Second opinion] The Trustee in a corporate bankruptcy case erased and/ or deleted tape recorded testimony of a key witness in a 2004 bankruptcy rule deposition. what recourse do I have being that witn… read more
DrakeLAW
DrakeLAW
Juris Doctorate
984 satisfied customers
My confirmation meeting is next week and th trustee wants a
my confirmation meeting is next week and th trustee wants a modified plan so i won't be confirmed, what may happen … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,377 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
984 satisfied customers
I had just filed chpt 13 met with trustee last Thursday I
I had just filed chpt 13 met with trustee last Thursday I got a surprise when I got home my son had paid off my home and car 359000 What do i do from here? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I recently made my last chapter 13 payment to the trustees
I recently made my last chapter 13 payment to the trustees office. I fell behind on my mortgage and have been in a trial modification. On the notice of final cure my lender stated the amount I was del… read more
socrateaser
socrateaser
Attorney
39,498 satisfied customers
Does the trustee need a court order to sell a debtors
Does the trustee need a court order to sell a debtors primary residence? The equity is claimed as exempt, but the trustee believes there is more equity in the house than the debtor claimed. Reference … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,377 satisfied customers
The trustee in my ch 13 case is seeking to reopen my case
The trustee in my ch 13 case is seeking to reopen my case after closing it 9 months. He says I owe $1000. The trustee has never directly contacted me but contacted my former bankruptcy attorney who ha… read more
Law Tutor, Esq.
Law Tutor, Esq.
Lawyer
Doctoral Degree
165 satisfied customers
My trustee filed a motion to dismiss my chapter 13, which I
my trustee filed a motion to dismiss my chapter 13, which I filed July 1, 2016. He argued that since I filed on chapter 7 in 2011, which was later coverted to chap 13 and then another chapter 13 in 20… read more
DrakeLAW
DrakeLAW
Juris Doctorate
984 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