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Does this makes sense

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  • Does this makes sense

    My AP case was dismissed but the trustee said it's also contingent that nothing
    else pops up. Well lo and behold I got served papers from a private investigator
    at 9 pm the other night. I'm being sued by someone personally and the company
    I had worked with. Now my attorney is concerned as he says we never put this
    on the original petition,etc. and the trustee won't take kindly to something else
    popping up. It could be tried criminally with Dept. of Justice,etc.etc. Hell I'm freaked
    out beyond belief. I knew nothing of this suit and papers were not served until after
    the AP case was settled and dismissed. Now what?? How can I be held liable for
    this??? My attorney is the one that got us in the AP case in the first place and I'm
    not sure I trust anything he says.

  • #2
    If it's a criminal complaint, then the Bankruptcy will do absolutely nothing for you. Were you an asset case? If not, then you just amend the filing to include any "civil" liability. This is as long as the incident occurred before filing (pre-petition). You have issues with your case and it reads as though the Trustee is none-to-happy that assets were not disclosed.

    In this particular case, this complaint reads as though it's not an asset. At best, it would be a liability/cost to you.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog


    I am not an attorney. Any advice provided is not legal advice.

    Comment


    • #3
      Although it is not probably relevent, I was wondering what AP was dismissed. I am being threatened by a "balance transfer" transaction within 80 days of filing Chapter 7. It was an attempt to reduce my interest rates so I could pay off my charge card debt earlier (or at all!). When I had taken out the transfer, I was not considering bankruptcy as an option.

      I am concerned that once one proceeding is filed, other things will "creep out of the woodwork."

      Comment


      • #4
        "If it's a criminal complaint, then the Bankruptcy will do absolutely nothing for you. Were you an asset case? If not, then you just amend the filing to include any "civil" liability. This is as long as the incident occurred before filing (pre-petition). You have issues with your case and it reads as though the Trustee is none-to-happy that assets were not disclosed.

        In this particular case, this complaint reads as though it's not an asset. At best, it would be a liability/cost to you."


        No it was not a criminal complaint. The trustee was upset with us and therefore the AP. We went to court on the AP and my attorney settled with the trustee and the AP case was dismissed but unfortunately I could not get my discharge. I had so many things going on prior to BK and this is not something I recalled. I'm wondering if my attorney should attempt to settle,albeit I don't really have any money. I just want the trustee out of my life and move on with life. Not sure what to do as my attorney said it "concerned"him. We honestly would have never had an AP case if he done his job correctly in the first place!

        Comment


        • #5
          I was referencing the "new" case. I guess when you wrote that it "could be tried criminally with Dept. of Justice,etc.etc" you were repeating what your attorney stated, and that statement is related to the Bankruptcy case. If you are being sued and are not going to have money awarded to you, I don't see how the Trustee would even care.

          I know that it must be really difficult to deal with all this, especially since you won't receive a discharge. If you settled with the Trustee, I don't see how you don't get a discharge? What I'm really hoping, is that your discharge was not denied with prejudice. That would be a really really bad thing.
          Last edited by justbroke; 10-03-2011, 08:42 PM. Reason: forgot the "not"
          Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
          Status: (Auto) Discharged and Closed! 5/10
          Visit My BKForum Blog: justbroke's Blog


          I am not an attorney. Any advice provided is not legal advice.

          Comment


          • #6
            "What I'm really hoping, is that your discharge was denied with prejudice. That would be a really really bad thing."

            Can you elaborate on that? Thanks so much for your help and advice.

            Comment


            • #7
              Originally posted by faroff View Post
              "What I'm really hoping, is that your discharge was denied with prejudice. That would be a really really bad thing."

              Can you elaborate on that? Thanks so much for your help and advice.
              I mean to write -- and I fixed it -- was that "your discharge was NOT denied with prejudice." If your case is dismissed with prejudice, you have to read the order to see if you are able to file again against the same debt. In this case, it reads as if you were able to convince the Trustee to dismiss the case, but I wonder if it was without prejudice... which would allow you to refile.
              Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
              Status: (Auto) Discharged and Closed! 5/10
              Visit My BKForum Blog: justbroke's Blog


              I am not an attorney. Any advice provided is not legal advice.

              Comment

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