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Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31766
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I was able to get the transcripts from the bankruptcy proceedings,

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I was able to get the transcripts from the bankruptcy proceedings, and the trustee is heard making fun on my lawsuit against the bank. He obviously abandoned the asset. Today he withdrew his motion, the hearing was tomorrow. I have spent countless hours and money and stress getting ready for this, can I sue him? in CA

Hi - thanks for the update. I'm glad that you were able to prevail on the issue - - even if you have had to expend time and money.


There's nothing that says you can't sue the trustee, but it would be very difficult to prevail unless you could show that the trustee's actions were frivolous, an abuse of process, malicious prosecution, etc.


I know you may feel that this is exactly what the trustee was doing, but it would be VERY hard to sustain a claim if the trustee could show that there was any reasonable basis for his claim.


So, you can sue, but prevailing would be very, very hard.

Customer: replied 3 years ago.

I had to get the transcripts from the hearings, and pay to have them transcribed- thats when I found that he is actually ridiculing the lawsuit " this is a quote


"What’s the law say? Don’t ever get into a war of words with the person who buys their ink by the barrel, or in a drinking contest with a brewer.”and Then “Don’t ever sue all the people who have the money, ‘cause they got the money to defend…and you ain’t got money to prosecute"


I did not even know these meetings were recorded and that I could get the recordings. He had them all along. Yes I would say it was malicious - He had no basis for the claim, it was the bank trying to mess with me, to derail my lawsuit!


You certainly have the right to sue, xxxx but it is a tough thing to prosecute.


If you want to pursue it, you should consider hiring an attorney to assist as it will be fairly complicated. Also, there could be some tort immunities that the trustee has as an officer of the court.

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