Oh I just have to keep you updated on the criminal

[Lajazz947]

I just gotta keep scratching my head at some people and at my case.....................

Yesterday my attorney got a call from someone in Northern California asking if I was discharged and if he was aware that my lawsuit against the guy who defrauded me was going to be discharged.

One.......it is not going to be discharged since my lawsuit is against his company and it has not declared BK. The TT told me that he may force it into a BK.

I'll chase him in court to the ends of the earth personally. I KNOW he has money squirrelled away and unless he serves jail time ( which he might ) I'll make his life a living hell.

Due to me his TT reopened his case as an asset case when I uncovered property transfers.

My attorney gave no info since he is very guarded at this point.

Today my attorney gets an E mail from the TT asking if I have any property that I did not declare and what that value is. Well, I did not, the only property that I own is my home although the basis of my lawsuit against the criminal's company is for an interest in property that I am SUPPOSED to own a part of but he did not buy for me. I did file a secured claim against the criminal because I intend to be on title whan I am through with him.

My attorney thinks that this request from the TT is coming from the criminal and that the TT may go after him for my lawsuit money. Wrong as this investment was made with pension money and is exempt.

In any event my attorney said that now MY TT may confer with his TT and while trying to screw me he has opened himself up to more scrutiny since he has definitely commited BK fraud.

I figured that THIS is why the call came to my attorney asking about the discharge then the E mail came one day later.

This guy has no clue what a hornet's nest he kicked with me.

Man, I need a drink.

[JRScott]

However you'd probably have to prove it was bought with pension money and thus exempt, though I"m sure your prepared to do that. So you might have some extra paperwork yourself .

[HHM]

You realize that any lawsuit in which you are plaintiff is an asset of your BK and must be disclosed as an asset in your BK?

[Lajazz947]

You realize that any lawsuit in which you are plaintiff is an asset of your BK and must be disclosed as an asset in your BK?

Yep. I disclosed it, gave them copies of the statements showing it as a private placement and still categorized as an IRA along with the custodian information, copies of the lawsuits, attorneys names, everything.

It is definitely an exempt asset.

[Lajazz947]

However you'd probably have to prove it was bought with pension money and thus exempt, though I"m sure your prepared to do that. So you might have some extra paperwork yourself .

Thanks, see my reply below. I'll give'em another set of papers if they need them.

[Lajazz947]

You realize that any lawsuit in which you are plaintiff is an asset of your BK and must be disclosed as an asset in your BK?

I am SO pissed off!!!!!

I just got a report on PACER that the TT has listed me as an asset case. I can only assume that it is due to the pension lawsuit.

I left a message for my attorney and I called the TT and left her a message asking for clarification on the issue.

If this is it I am definitely going to fight it.

Does this delay my discharge or does it go through whiel I fight this?

[HHM]

The discharge should go through. Whether you are asset or no-asset doesn't effect discharge. But it will mean your case will be "open" longer.

[Lajazz947]

The discharge should go through. Whether you are asset or no-asset doesn't effect discharge. But it will mean your case will be "open" longer.

Thanks.

Aaaaaaaaargh


I'm gonna fight this!!!!!

[HHM]

For your peace of mind, please review

http://www.bkforum.com/showthread.php?t=10879

[LuciluS]

Aww Jazz!

I know your heart is just a pounding and you are madder than a 'Hornet's Nest' as they say. I'm sure you will be doling out more money to your Attorney to fight this, but I don't blame you.

He took your IRA money from you. If you win, seems to me the funds would be able to go right back into your IRA money. I know, I know that's not how TT looks at it or Bankruptcy works.

I had a lawsuit pending from a car accident on 3/14/05 which deemed me disabled. I finally told my Attorney (different one than Bankruptcy Atty.) this past January to get it settled. Monies received in Feb. & paid for my dental work. So we will be filing in 9/09.

I will be praying this will be concluded in a timely manner. However, look at my dates in the above lawsuit. So, please don't go to drinking because of that Scroundel! Just teasing

Luci

[Lajazz947]

Aww Jazz!

I know your heart is just a pounding and you are madder than a 'Hornet's Nest' as they say. I'm sure you will be doling out more money to your Attorney to fight this, but I don't blame you.

He took your IRA money from you. If you win, seems to me the funds would be able to go right back into your IRA money. I know, I know that's not how TT looks at it or Bankruptcy works.

I had a lawsuit pending from a car accident on 3/14/05 which deemed me disabled. I finally told my Attorney (different one than Bankruptcy Atty.) this past January to get it settled. Monies received in Feb. & paid for my dental work. So we will be filing in 9/09.

I will be praying this will be concluded in a timely manner. However, look at my dates in the above lawsuit. So, please don't go to drinking because of that Scroundel! Just teasing

Luci

Thanks for the words of encouragment. I just KNOW it is him and I have all the documents to prove my case.

I was going to have a drink and a cigar tonight anyway, if for no other reason that to give thanks that I am alive.

[Lajazz947]

For your peace of mind, please review
http://www.bkforum.com/showthread.php?t=10879

THIS is why this forum is a Godsend.

Many thanks again to you HHM.

[HHM]

Wrong as this investment was made with pension money and is exempt.

Was the investment made "within" the pension, sort of like trading stocks within your 401(k), if yes, then that is not the issue. If no, if there was some sort of withdrawal, the money will lose it's exempt status. In any event, when you sue someone for damages, that is an asset vis-a-vis the BK. The lawsuit is a "different" asset than the underlying subject matter of the suit. Unless there is a way to exempt the claims you made against this guy, that is more than likely a non-exempt asset of your BK. Now, most BK trustees don't like to get involved in lawsuits, they literally must take over the lawsuit from you and most trustees are unwilling to do so and therefore abandon the lawsuit back to the debtor.

[Lajazz947]

Was the investment made "within" the pension, sort of like trading stocks within your 401(k), if yes, then that is not the issue. If no, if there was some sort of withdrawal, the money will lose it's exempt status. In any event, when you sue someone for damages, that is an asset vis-a-vis the BK. The lawsuit is a "different" asset than the underlying subject matter of the suit. Unless there is a way to exempt the claims you made against this guy, that is more than likely a non-exempt asset of your BK. Now, most BK trustees don't like to get involved in lawsuits, they literally must take over the lawsuit from you and most trustees are unwilling to do so and therefore abandon the lawsuit back to the debtor.

Yes, the money went from my brokerage IRA account as a private placement to another custodian with the account titled IRA.

It was done in 2005/06 as a rollover and as such I never got a 1099 as it was not a distribution.

I gave the TT all the proof in 1/09 so I don't know why she is bringing it up now.

[Lajazz947]

Was the investment made "within" the pension, sort of like trading stocks within your 401(k), if yes, then that is not the issue. If no, if there was some sort of withdrawal, the money will lose it's exempt status. In any event, when you sue someone for damages, that is an asset vis-a-vis the BK. The lawsuit is a "different" asset than the underlying subject matter of the suit. Unless there is a way to exempt the claims you made against this guy, that is more than likely a non-exempt asset of your BK. Now, most BK trustees don't like to get involved in lawsuits, they literally must take over the lawsuit from you and most trustees are unwilling to do so and therefore abandon the lawsuit back to the debtor.

FYI I just checked my records and:

It WAS an IRA at my brokerage house
It STAYED an IRA at the new custodian
I have a statement that says IRA account on top of it
It lists the contribution as a rollover from an IRA into an IRA

I gave her all this stuff.

This should be enough.

Is it feasable to argue that in light of such overwhelming evidence that the TT would be liable for my attorneys fees in defending this part of the BK case?

I would try since it is so rediculous.