Legal Question in Civil Litigation in California
Right to sue
My father was ubable to recover substantial money and possessions due from an antique dealer/seller arrangement after seller expunged all monies owed through BK-7 and hid remaining possessions. writ of execution to recover additional $200,000 worth of antiques owned by my father has failed to return my fathers only income source. Seller keeps moving antiques. My company has been supporting him,$2,000.00 per month, plus legal fees (he's 70). 1. Can I and my company sue seller to recover monies spent to support my father for past 4 years? 2. Since seller has gone BK-7 as individual, can he refile against me?
2 Answers from Attorneys
Re: Right to sue
You are talking to an attorney litle bit too late. Your father could have filed adversary proceeding to the BK among other things. I do not see any legal basis for you to sue him just because he is responsible for your father's predicament.
Re: Right to sue
From the facts you've given, it's hard to see whether or not your father can recover anything, although it appears unlikely at this point. If the debtor has gone Chapter 7, probably all his debts have been discharged. If you have strong -- and I mean strong -- evidence that the debtor fraudulently concealed assets during the BK, you can have the process reopened, but that is a hard row to hoe.
Matthew Mickelson
Mickelson & Mickelson
16055 Ventura Blvd., Suite 1230
Encino, CA 91436
818-382-3360
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