Legal Question in Bankruptcy in California

Improperly Administered Chapter 13 Bankruptcy Case
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. My claim is for $100,000. 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 Trial, yet, the Bankruptcy went forward with no apparent regard for the outcome of that trial. I believe the Debtor committed 2 counts of Bankruptcy Fraud. I think the Trustee should have petitioned for the exclusion of this debt from the bankruptcy case. Is filing an Adversary Action necessary? Is it too late to file? If filed will it stop Trustee's dispersal? I believe the trustee has failed to properly administer this case. I believe the US Trustee's office is aware of these errors, and not addressing them. 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, 2:43 pm

Robert Mccoy Law Office Of Robert McCoy

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Re: Improperly Administered Chapter 13 Bankruptcy Case

Yes, you need to file an adversary complaint. You have 90 days from the date of filing the petition to file an adversary complaint.

Answered on 6/23/08, 7:34 pm

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