Legal Question in Bankruptcy in Indiana

claimimg assess on a bankruptcy

i recently refiled bankruptcy on June 8th 2006 I said recenctly because i first filed on this bankruptcy march 6 2005 i was wrongfully terminated from myy job march 24th 2005. i had a attorney at that time. i got behind on my payments for the chapter 13 and the case was dismissed. since i was no longer was working i filed a non attorney online.The last bankruptcy I filed was june 8 2006.Doing this time after filing my recent case ,I was told by the union for my termination case that my employer was tring to file charges against me for not listing them as a potential asses even though i had not receied a date for my arbutration case.Also they wanted the bankruptcy court to hear my termination case in stead of the arbutrator. I had requested for my bankruptcy to be dismiss because prior to all of this the trustee had requested my case be dismissed because i only paid $80.00 toward my filig fee The bankuptcy judge gave me until 10-31-2006 to have all my filing fee or the case was going to be dismissed.And since i new i would not be able to have the money i asked that it be dismissed until i could hire a laywer to refile my case my question is was i suppose to list my employer as a asses even if i didnt have a date or hearing?


Asked on 9/22/06, 8:41 pm

1 Answer from Attorneys
C. David DuMond Law Offices of David DuMond

Re: claimimg assess on a bankruptcy

Your claim against your employer should have been reported as a contigent unliquidated asset and listed on your Schedule B. Failing to do so could jeopardize your right to enforce the claim. So what to do now? It might not be too late to file an amended schedule B which properly lists the claim. Then the bankruptcy trustee will have to agree to let you prosecute. The trustee has first dibs on the prosecution, but usually the debtor will be permitted to take care of it. You have to wait until either the trustee releases the claim to you or your case is discharged as a no asset case. Good luck.

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Answered on 9/22/06, 10:28 pm


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