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TJ, Esq.
TJ, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 12249
Experience:  JD, MBA
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My father is going through bankruptcy. The courts went down

Customer Question

My father is going through bankruptcy. The courts went down to pick up items, that were claimed as exempt in the original petition, as they were my brothers. The courts picked up those items that belonged to my brother and are now selling them, as part
of my fathers bankruptcy case. He lives in RI, and does not have a lawyer at this time. I am trying to help my brother, but not to sure, what to write in the court letter. Does my brother need to write a court letter, to the courts or does my father need to
write a letter to the courts, as it is his bankruptcy case? Also, what do I write as the primary substitle? Something like: Objection to items taken that were exempt? Or objection to items taken that are not the debtors? Is there anything that is necessary
for me to put into that letter, in order for my brother to get back his things? I am looking foward to hearing about this, as I am not to quite sure on how to proceed. The items were already taken and possibly already sold. What can be written, so that he
can at least get the value of those items back. Thank you, Wendy
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  TJ, Esq. replied 2 years ago.
Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions. First and foremost, since you are not the debtor, nor are you the owner of the property, you do not have standing to make any legal arguments to the court or bankruptcy trustee. Accordingly, that is up to your father or your brother.Second, I see a problem in what you wrote. You wrote that your father exempted the property in question, but you also wrote that the property in question is owned by your brother. From a legal perspective, that makes no sense, and could be at the heart of the problem. A bankruptcy debtor can only exempt his own property. He neither can, nor does he need to, exempt other people's property. Other people's property is always safe. The very fact that he exempted the property may have led the bankruptcy trustee to assume that the property is your father's and not your brother's. If the property in question was not your father's, then it never should have been listed in the bankruptcy schedules in the first place.If I were your father, I would contact the bankruptcy trustee and explain the problem. Then I would either get his permission to file amended schedules, or I would dismiss the case and refile it.Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.
Customer: replied 2 years ago.
Hello,Thank you for your reply.I'm only writing the court letter for my father, as he can't read or write.My brothers property was being stored with my fathers property. So, my father and my brothers property were in the same place, as they both stored their equipment there.In the original filing, they were told that 2 pods were my fathers and 1 pod was my brothers and not to take it. They did not take my brothers property originally, but came back down after and took it. The items were on public town property, so there is no lease by either my father or my brother, for storage space on that land. I hope this clarifies it a bit.Just looking to see what can be done.Thanks,
Expert:  TJ, Esq. replied 2 years ago.
Hi again. I would do as I suggested in my prior answer. The bankruptcy schedules are clearly wrong. The fact that your brother's property was located with your father's property makes no difference. Your brother's property should not have been listed on your father's bankruptcy schedules. Only your father's property should have been listed there. The fact that your brother's property is listed on your father's bankruptcy schedules indicates that such property is owned by your father. So, the schedules either need to be amended, or the case should be dismissed so that it can be refiled correctly. I don't see that writing a letter will be helpful at all.
Expert:  TJ, Esq. replied 2 years ago.
Again, I would contact the trustee to explain the situation. He knows that your father has no lawyer, so maybe he'll understand the mix-up and agree not to object to your father amending his schedules. But if he does object, then dismissing the case would likely be the best solution.
Customer: replied 2 years ago.
Thank you.
Expert:  TJ, Esq. replied 2 years ago.
You're quite welcome. Let me know if you need further clarification, and I'll be happy to help. Also, please remember to provide positive feedback. Thank you.