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  1. #1

    Default Adversary Proceedings in Chapter 7 Bankruptcy

    My question involves bankruptcy in the state of: California
    I filed chapter 7 received dishcharge however trustee opened adversary proceeding because I had insurance claim which paid out and funds became available 1 day after filing they requested me to turn over funds I didnít have they wanted a list and bank acct info I supplied however wasnít good enough there are a lot of particulars which make it a tough case now I donít have an attorney As he filed for relief in the case btw second attorney and now they seeking order to grant motion to take back dishcharge donít know what to do am at a loss and it seems I canít get any help seeking advice for best course of action at this point HELP PLEASE!

  2. #2
    Join Date
    Mar 2013

    Default Re: Adversary Proceedings

    Quote Quoting RONNIE JAMES
    View Post
    they requested me to turn over funds I didn’t have
    What happened to the money from the insurance claim?

  3. #3

    Default Re: Adversary Proceedings

    Based on the little information you posted, they have a textbook case for cancelling the discharge. You failed to disclose an asset in your case, failed to turn it over when requested, since it was no longer yours under the bankruptcy code, but belonged to the Trustee. Best advise, get an attorney experienced in bankruptcy litigation, not filing bankruptcy cases.

  4. #4
    Join Date
    Sep 2010

    Default Re: Adversary Proceedings

    Please answer the following questions.

    1. How much did you receive on the insurance claim?

    2. How much is the total debt you listed on SCHEDULE F? (look at the document - don't guess)

    Bottom line, you owe the $$ to the bk estate and if you don't settle with your Trustee you will lose the discharge. It is just a matter of how you are going to pay it to the Trustee in an effort to save your discharge. Please answer the questions so that I can try to make a suggestion or two that may help.


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