Legal Question in Bankruptcy in California

reopen ch discharged case

My case was discharged nov 2007. I was party to a lawsuit which I stated in my bk form, however, I would now like to sue those parties of the lawsuit. Since the original lawsuit is still active (because other parties were involved and my name is still on the claim) my attorney is going to file a counter claim but wants me to clear this is bk trustee. How can I do this? This case involved incidents that did occur before the bk case however I didn't know I had a case till after the bk case.

I hope I can go directly to the trustee. If so, how? Registered letter?


Asked on 6/07/08, 12:22 pm

1 Answer from Attorneys
David Gibbs The Gibbs Law Firm, APC

Re: reopen ch discharged case

You can try to contact the Trustee directly, and obtain his permission, however, its unlikely to be given. You need to formally reopen the case, at which time the Trustee will evaluate the potential value of the claim against the parties to the lawsuit. If there is value there, and you cannot exempt the value of your claim against those persons, then the value of the claim becomes an asset of the case, and will be administered and distributed to creditors by the Trustee.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 6/19/08, 1:02 pm


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