Legal Question in Bankruptcy in California

Past Debtor claims to discharged bankruptcy parties settlement

I filed Chp 7 Bankruptcy in CA June 2001 and my case was discharged in Sept. 2001. I was apart of a Law suit in Louisiana (1999) that was settled Oct 2008. Before making any payments to me the attorneys have elected to contact the trustee of my Bankruptcy case first. 1st question: since my case was discharged are there any claims to my settlement? 2nd question: is this even legal for them to bypass me and contact the trustee for a settlement owed to me? Thanks for your help


Asked on 12/02/08, 1:47 am

1 Answer from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: Past Debtor claims to discharged bankruptcy parties settlement

If you listed the lawsuit/claim in your original bankruptcy papers and the trustee chose not to pursue the claim, then there would be no claims to the settlement. The claims would have reverted back to you upon closure of your case. If you failed to list the lawsuit, then you have no legal grounds to even continue the lawsuit. Contacting the your bankruptcy to verify the existence of any claims by the bankruptcy trustee to the settlement proceed is both legal and very prudent.

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Answered on 12/02/08, 2:57 am


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