Legal Question in Bankruptcy in California

Re: Reopening Bankruptcy Case

Well, you don't say what chapter this bankruptcy was, but I will assume that it is a Chapter 7 (there are huge differences in the other chapters). Anyway, to answer your questions, the only way to "withdraw" a bankruptcy petition is to file a Motion to Dismiss the case, but this has to be done before the case is over and since you said the Trustee is re-opening the case, I would assume it's too late to do that. In any event, courts will only dismiss a Chapter 7 case if it is in the best interests of the creditors, which I doubt it would be in this case. As for objecting to the Trustee, only creditors have standing to object to that. Your facts are a little convoluted, but it sounds to me like your friend got bad legal advice. It is not the Trustees responsibility to inform the debtor of the ramifications of his actions or inactions: That is the debtor's attorney's job. All the Trustee is doing is trying to liquidate non-exempt assets of the estate, which is his/her job. If your friend believes she has an applicable exemption for the wrongful termination suit, she should amend her schedules to reflect that (if the case gets re-opened). She may also be able to object to the re-opening of the case on various other grounds, but I would need to see all the paperwork to figure that out. If she would like a consultation, have her give me a call.