Legal Question in Bankruptcy in California

Improperly Administered Ch 13 Bankruptcy

Trustee�s disbursement of debtor�s estate expected July 9, 2008. The debtor plead guilty to Grand Theft in CA Superior Court. Referencing: USC Title 11 Chap II Sub Ch 5 Sect. 523 (a) (2) (4) (6) I am a creditor, with an unsecured $100,000 claim. From the beginning of this case, I alleged the debtor had created this debt when he perpetrated a fraudulent real estate development project on me. He was arrested 10 months prior to filing this case. I informed the Court, the Trustee and his attorney of his arrest and pending Criminal Case. Still the Bankruptcy was allowed to go forward with no apparent regard for the outcome of that trial. I think the Debtor committed 2 counts of Bankruptcy Fraud. The Trustee should have petitioned for the exclusion of this debt from the bankruptcy case. Is it necessary to file an Adversary Action? Is it too late to file? If filed will it stop Trustee's dispersal? I believe this case has not been improperly administered by the Trustee; And, I believe the US Trustee is aware of these errors. I believe the representation provided by my attorney has been deliberately inadequate. There are several more issues as well. I assure you that revenge is not my motivation for raising these issues.


Asked on 6/23/08, 1:58 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Improperly Administered Ch 13 Bankruptcy

If you are dissatisfied with your attorney's work on your behalf, you can change attorneys. You might first obtain a copy of your file, make an appointment with a bankruptcy attorney who litigates, and have that attorney review the case. Perhaps write a short summary so that the reviewing attorney can understand your concerns. An adversary proceeding should be filed before the cutoff date.

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Answered on 6/24/08, 2:18 am


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