Legal Question in Bankruptcy in Indiana

Bankruptcy Trustee Job Description

I have (or had) a lawsuit pending with a major Drug manufacturer and Pharmacy (strong documented case)when it became necessary to file bankruptcy. Bankruptcy was discharged but put in the hands of a trustee due to the pending suit. Just found out that the bankruptcy trustee settled my suit with drug company/pharmacy without my consent. Can he do that? If so, What recourse do I have. I have NOT signed anything. Thanks


Asked on 3/22/05, 10:59 pm

1 Answer from Attorneys
John Bator Bator Redman & Shive

Re: Bankruptcy Trustee Job Description

When you file for bankruptcy, the code grants the Trustee a lien on all of your assets and they effectively become proerty of the Bankruptcy estate that is created when you file. Unless the Trustee abandons the asset (in this case your lawsuit) back to you, he in effect owns it and can settle it. Usually, he has to get Court approval of the settlement.

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Answered on 3/24/05, 11:56 am


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