Oh I just have to keep you updated on the criminal

[HHM]

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?

Unfortunately, trustees can never be held liable for the debtor's attorney's fees.

Keep in mind, the issue is NOT the IRA funds, the issue is the Lawsuit and the claims contained therein. Those claims are not exempt unless you have a wildcard. The exempt funds were lost as a result of the fraud, I hate to say it, but unless the trustee abandons the lawsuit, you are going to lose this 9 ways to Sunday.

[Lajazz947]

Unfortunately, trustees can never be held liable for the debtor's attorney's fees.

Keep in mind, the issue is NOT the IRA funds, the issue is the Lawsuit and the claims contained therein. Those claims are not exempt unless you have a wildcard. The exempt funds were lost as a result of the fraud, I hate to say it, but unless the trustee abandons the lawsuit, you are going to lose this 9 ways to Sunday.

OK, this is getting confusing:

I just spoke to my attorney and I have to do more research here.

He says that it may be the lawsuit or it may be a potential insider payment issue. She never brought it up so we have no clue. In any case we have to wait to see what she actually files.

If she takes the lawsuit on he said that she may do my work for me on the lawsuit but since he is insolvent ( I think ) the case may be a wash anyway. No money fort anyone.

Now, his COMPANY may have money and that is what I am after, not him.

I am trying to collect all the data to understand better:

Would I lose because it is a fraud issue here and that survives his BK? My suit is not against him, its against his company.

How is it that she could recover pension money that is not taxable and distribute it without a tax consequence?

It is getting very complicated and we just have to wait.

[HHM]

Since I don't fully know the underlying facts, all I can do is speculate. But, from what you describe, you were the victum of some fraud, and the money you lost was contained in the IRA. Unfortunately, that is irrelevant to the lawsuit. You are now sueing for damages as a result of the fraud. The issue in YOUR BK is that you are a plaintiff, it doesn't matter that it is against this guy or his business. Your claims against the company are wholly different than the pension funds. You are NOT recovering pension funds, you are recovering damages as the result of a fraud, that money is NOT EXEMPT and since the event giving rise to your claim occured before you filed BK, that claim is an ASSET of your BK.

[Lajazz947]

Since I don't fully know the underlying facts, all I can do is speculate. But, from what you describe, you were the victum of some fraud, and the money you lost was contained in the IRA. Unfortunately, that is irrelevant to the lawsuit. You are now sueing for damages as a result of the fraud. The issue in YOUR BK is that you are a plaintiff, it doesn't matter that it is against this guy or his business. Your claims against the company are wholly different than the pension funds. You are NOT recovering pension funds, you are recovering damages as the result of a fraud, that money is NOT EXEMPT and since the even giving rise to your claim occured before you filed BK, that claim is an ASSET of your BK.

I understand now. I had written off the money if for no other reason than for sanity's sake.

Now I merely want to see him serve jail time.

As long as it does not interfere with my discharge I can live with it. I am not going to let him put me in an early grave but I will still try to make it tough for him in every way possible.

He has screwed more people worse than me and I have a great future ahead.