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Had my day in court

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    Had my day in court

    All,



    About two years ago I had a pretty decent job. I had a boss who was sexually harassing me. I was naive to his advancements. On one business trip he called me to stop over his room to look at his budget ideas for the following quarter. When I got there he was naked. I left. Back at work his emails followed up with how do you ever expect to get promoted if you don't give a little something? There's no shame in 'working' your way up.



    I stopped being friendly towards him. I would have quit, but my husband and I needed my paycheck. I began looking for new jobs, but I live in a small town and there wasn't one that paid what I was making. It affected my marriage. I would be so humiliated and my husband wasn't supportive. I was cordial to my boss, but after the harassment continued I requested to be transferred and was fired.



    I loved my job, but hated my boss. My husband was then furious for me getting fired. Sadly this led to a divorce. He filed bankruptcy before the new laws and had everything discharged. The debts that were in both our names I was forced to pay. I fought bankruptcy for two years. I also have a sexual harassment lawsuit against my former employer. Since this is a small town the word has got out and I have not been able to find work. I've only gotten by with the help of my friends and family.



    In my divorce decree my husband was supposed to make his car payment and his Lowes credit card for his truck. He didn't pay them. I took him to court saying disputing the discharge. I couldn't afford a lawyer. I did my homework and I won. He had to take responsibility for those two debts.



    Today in my chapter7 hearing the trustee happened to be his lawyer. The one I beat in court. My Chapter 7 was approved; however, the trustee asked the judge if he could own my lawsuit. If I get one cent from my sexual harassment lawsuit the trustee gets it. Is this allowed? I really did my homework and I'm wondering if he's being vengeful because I won in court against him. Or can he really do this?



    I feel horrible. The harassment I suffered was the catalyst for my firing, divorce and now bankruptcy. My name might as well be dirt in this town. Can the trustee really own my lawsuit? Not to mention I'm not allowed to drop the case either or I'll be in contempt. I have to go before this man who harrassed me in court and tell my story in front of a jury. I'm scared. I'm embaressed and I feel foolish.

    #2
    I am thinking that you could file an adversary proceeding against the trustee - for the very reasons you have stated. I think he is too "close" to your case in that he represented your husband in a lawsuit. Bet you'll win that one!

    Are there any attorneys that offer free services associated with your bankruptcy court? Check with the clerk.

    I am sorry all this happened to you. Maybe you need to move to another state and start your life over!!!

    Good luck and keep us posted.

    P

    Comment


      #3
      I'm not sure about the proceeds from the Law Suit,.......... If you win what would happen.

      But you should get your attny to contact the Judge. Have that Trustee recuse himself from your Case. I think that Trustee is tainted from you having prior dealings with him.

      If you had Consulted him as a BK attny, he couldn't be your BK Trustee. The Court would have to assign another Trustee. It should be the same in this instance.

      Definitely something you want to bring up with your attny.

      If you filed Pro-Se, you might call the Clerk of the Court's Office and see what they recommend you do.
      Filed Ch 7 - 09/06
      Discharged - 12/2006
      Officially Declared No Asset - 03/2007
      Closed - 04/2007

      I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

      Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

      Comment


        #4
        Welcome to BK Forum! Glad you found us!

        Originally posted by igothosed View Post
        Today in my chapter7 hearing the trustee happened to be his lawyer. The one I beat in court. My Chapter 7 was approved; however, the trustee asked the judge if he could own my lawsuit. If I get one cent from my sexual harassment lawsuit the trustee gets it. Is this allowed? I really did my homework and I'm wondering if he's being vengeful because I won in court against him. Or can he really do this?
        Yes, and it has nothing to do with the trustee being vengeful. Bankruptcy law is written so that after you file, any windfalls of any kind, including proceeds won in a court case, belong to your estate. When you file bankruptcy, your trustee owns your estate and therefore if your harrassment case comes up and you win it while your case is active or for the six months after discharge and closing, the money can be taken by the trustee and given to your creditors.

        Since the trustee for your case was your husband's divorce lawyer, that's definitely a conflict of interest. He should excuse himself from your case, and if he doesn't, then your lawyer needs to go to the judge to get him excused and have another trustee assigned to your case.

        I feel horrible. ... I'm scared. I'm embaressed and I feel foolish.
        I'm so sorry to hear about everything that you have had to deal with, things that no one should ever have to endure. Don't allow yourself to be beaten down by that horrible ex-boss or a deadbeat, unsympathetic ex-husband. You did not bring this on yourself, so you have nothing to be ashamed of. It's up to you to make the best decisions possible for yourself to climb out into the sun again. You can do it. And we'll be here on the journey to listen on the bad days, and share the joy on the good ones. Hang in there - you aren't alone.
        Last edited by lrprn; 05-23-2007, 06:44 PM.
        I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

        06/01/06 - Filed Ch 13
        06/28/06 - 341 Meeting
        07/18/06 - Confirmation Hearing - not confirmed, 3 objections
        10/05/06 - Hearing to resolve 2 trustee objections
        01/24/07 - Judge dismisses mortgage company objection
        09/27/07 - Confirmed at last!
        06/10/11 - Trustee confirms all payments made
        08/10/11 - DISCHARGED !

        10/02/11 - CASE CLOSED
        Countdown: 60 months paid, 0 months to go

        Comment


          #5
          I did get a bankruptcy lawyer and was very surprised in court yesterday when they asked me about pending lawsuits. The attorney representing me never asked me that question. He asked me a zillion other questions, but nothing about a pending lawsuit. When I was asked by the judge I told him and the attorney represented me acted like I hid it from him. I have to contact him today regarding what seems to be a conflict of interest regarding the trustee. If I win the case I certainly don't object to my debts being paid off with that money. I just didn't realize one had anything to do with the other. Thank you all for your advice and kind words. Also, I'm moving away from this town. Starting fresh and leaving this all behind.

          Comment


            #6
            A bizzard story indeed!... Definitely a "Conflict Of Interest" case. Find a different lawyer, but a lot of women are fighting back nowadays on sexual harassment cases of their own. Bravo on your courage soul!

            Comment

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