Legal Question in Bankruptcy in Arizona

Prior to Ch 7 BK, I was involved in negotiating a settlement for personal injury torts bewteen creditor and their associate company that cause my eventual Ch 7 BK (6 mos later), I made an adversay complaint during the BK against the creditor wanting my home)... The opposing lawyers say my claim is dead due to prepition. Any ideas?

My measly lawyer quit as soon as I brought forth the adversary issue and the trustee abandoned and avoided the claim and evidently left it to me as a pro se litigant.... I love the research, but I have better things to do (like try to save my business) and no one should ever put down a lawyer until they've tried to fill a lawyer's shoes!

Thyank you.


Asked on 10/24/10, 2:54 pm

1 Answer from Attorneys

Cindy Greene Carmichael & Powell, P.C.

It is unclear from your facts what you are trying to accomplish with your house. Why did you file the adversary complaint? If you were behind on payments and then filed for Chapter 7, you would be required to bring all back payments and penalties current or the lender could foreclose on your house.

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Answered on 11/01/10, 9:52 am


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