Legal Question in Bankruptcy in California

Because of a personal vendetta against me, the bankruptcy trustee had conducted an audit of my finances. After proving that my Chapter 7 filing is truthful and legitimate, the trustee is going to discharge my petition. I talked to him about filing a complaint against these two men who made false accusations against me (i have a small claims judgment order on one of them) and the trustee told me that his office will prosecute these men for filing false claims and wasting valuable government resources. The trustee also advised me to contact a criminal or a civil litigation lawyer who can additionally help me prosecute these men and get compensated for the damages they have caused. Should i be contacting a District Attorney's Office or a civil litigation attorney?


Asked on 10/16/09, 4:34 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Who told you to pursue them personally? The Trustee or the U.S. Trustee? I don't know what the cause of action might be, however, you need to contact a private civil litigation attorney. The District Attorney isn't going to get involved in this. If the U.S. Trustee's office was not involved, you might contact them to let them know about the "creditor abuse" alleged in your case. They won't pursue the creditor on your behalf, but might on behalf of the government. Contact a civil litigator to see if they are interested in taking this case on.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

Read more
Answered on 10/20/09, 4:47 pm


Related Questions & Answers

More Bankruptcy Law questions and answers in California