Personal Injury Lawsuit

[Backlyn]

We had our 341 on 12-4-09, on 1-29-10 we get a notice from trustee for objection to assets. Then we get notice that the trustee hired the attorney from my personal injury lawsuit from 2006 that is probably going nowhere to oversee the case. I am confused. Does this mean they will take all proceeds from the personal injury case should I ever get a cent, which I probably will not. I am thinking I should drop the lawsuit at this point. I am so confused and my lawyer just keeps telling me to hang in there. We have to go to a hearing on 2-25 to answer objection of assets. Me holding the title to my SUV is an issue despite it being wrapped into my home equity loan.

[OhioFiler]

It sounds like a conflict of interest for the attorney representing you in a civil matter is also representing the trustee against you in bankruptcy court.

I don't see how you can attach your vehicle to a home equity loan when the HE loan is a lien against your real property only. Let us know how this plays out for you.

[Backlyn]

I am not attaching the vehicle to the home equity loan, just stating that is how I have title to the vehicle. Our other vehicle is a business truck for my husband's construction business and still has a loan. I have no idea what trustee is going to want in a buy back on a 9K SUV with some body work needed.

[momtoroxy]

We have an active lawsuit for a car accident my hubby was in back in late July. Our attorney exempted 16,100 of it, in case we get a settlement. The trustee told us that he was now "in charge of the lawsuit" and that our injury attorney "worked for him now." So, unless your BK attorney exempted any of a potential award, the trustee will likely take it. Our BK has since been discharged, but it is still open, because I think the trustee is waiting to see if we get a settlement :0(

We should get something, but the injury attorney just sent the "demand" letter a few weeks ago.

[Backlyn]

My case in pending with probably nothing forthcoming so my attorney just said it would be exempt and according to our petition I do not see a dollar amount. I am gathering by the trustees actions that it is the same as your situation. My PI attorney now works for him and should I ever get a settlement they will take it. I would like to dismiss the lawsuit if it will help get us a discharge and close our case. We have that and an objection to assets to contend with. We head back to court in a few weeks to see what they want us to do. I only care about my SUV as money is crazy tight right now and I have no other way to get a vehicle.

[momtoroxy]

Hopefully the trustee will let you drop it, but I wonder if he won't let you since he might think he'll get money out of it. Keep us posted.

[keepmine]

You don't get to make the decision on dropping the lawsuit. The lawsuit is now the property of the bk estate and it's the trustees decision.

[Backlyn]

Nice! I really don't care either way because I highly doubt any settlement will come from it and now I have zero incentive to ever go to court for it. My PI lawyer thinks it won't go anywhere either and we were about to drop it. Maybe he can relay information to trustee that he believes is a mute point to pursue. We can still discharge despite that right?