Legal Question in Bankruptcy in Illinois
Fed. Bankruptcy Judgement Against Defendant
I entered into an agreement with the Debtors
BK Trustee, with provision in agreement that
I pay a sum of Money, and Debtor releases my
personal property. Order was signed by a
Judge, one month later the Judge rules the
part of the agreement that releases my
property improper, due to the lack of signing
the agreement by the Debtor. BK Trustee
states to Judge, that Debtor agreed to
release property listed in agreem.Debtor
refuses says propert. is his.How can I be
held to this agreement?When the part that is
in my favor is Void.What can I do?I have been
representing self-Pro-SE
1 Answer from Attorneys
Re: Fed. Bankruptcy Judgement Against Defendant
There have to be more facts than what you related. E.g., could it be that you gave your property to the debtor post-petition? As a general rule, all property of the debtor at the time of the filing of a bankruptcy petition becomes property of the bankruptcy estate, and the Trustee by operation of law becomes the erstwhile "owner" and can deal with this property to make $$ for the estate.
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