Legal Question in Bankruptcy in Wisconsin

Bankruptcy

Can I sue legally for money owed to me even if I did not list it as an asset on my bankruptcy papers.


Asked on 7/24/07, 8:57 am

1 Answer from Attorneys

JAY Nixon nixon law offices

Pursuing a Debtor's Account Receivable Claim Following Bankruptcy

I would more information in order to properly advise you, such as whether or not you verbally told the trustee about the claim, whether you could have claimed it as exempt, and the value of your claim. In any event, before suing on any claim which may be owned by your bankruptcy estate, the safest course is to get the trustee's permission. The formally correct way to do this would require you to obtain an order for abandonment of the asset from the trustee. Your bankruptcy case would need to be open (or reopened) in order to accomplish this and you would need to place creditors on notice of the request and give them an opportunity to object (or bid on the claim themselves).

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Answered on 7/24/07, 2:35 pm


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