Debtor Continues to Breach Contract After Filing Bankruptcy - Can the Creditor Sue

[jeff donald]

My question involves bankruptcy in the state of: CA

The debtor in Chpt 7 is about to settle with Trustee on adversary claim after 18 Mon.s in Chpt 7. since Jan.2010.

Yet he continues to receive earnings from agent fees from players, and breach of our revenue sharing agreements.(contract). He lost a State trial in July 2009, we won large judgement for his breach of our revenue sharing agreements.

5 months later he filed Chpt 7 Jan 2010.

After settling, Post petition the Trustee will abandon the post petition earnings and the Debtor will go on and continue to collect almost $500,000 in commissions for 2010-2012. Half of this (50% per our pre petition rev. Sharing agreements is supposed to be mine.

Yet the debtor never listed our contracts in his Chpt 7 filing and is claiming that ALL was reduced to a judgement PRE PETITION and therefore discharged in the bankruptcy. But, if our judgement amount is only for THE PRE PETITION AMOUNT BREACHED, can't I sue again for the POST PETITION AMOUNT BEING BREACHED.

Seems fundamentally wrong that he could have no liability for the POST PETITION AMOUNT BREACHED FOR 2010-2012?

I have to make a,decision on a very, very insufficient settlement amount $35,000 when the POST PETITION BREACH AMOUNT DUE ME IS between $235,000 to $270,000 IF I can prevail again on the issue of continued POST PETITION BREACH?

Surely a debtor can't have it both ways can they? Meaning can the debtor continue to take post petition earnings from player contracts, while continuing to breach rev sharing agreements (that were and still are funded by the debtors contracts with the players)

Can anyone please offer a thought on the issue of ongoing post potion breach of contract that is beyond the judgement pre petition, which I realize is subject to the Chpt 7 filing and discharge (yet our rev sharing agreements are not listed nor have they been rejected as Chpt 7 contracts.

Help please....

[despritfreya]

I think you need to find a good attorney and not try to get advice on such a convoluted matter off of some Internet web site.

By the way, post petition earnings are not property of a bk estate in a Chapter 7 and 7 Trustees generally do not get involved with personal service (employment) contracts.

Des.