Legal Question in Bankruptcy in Colorado

reopen a discharged case?

My case was discharged last year. I was party to a lawsuit which I stated in my bk form, however, I would now like to sue those parties of the lawsuit. Since the original lawsuit is still active (because other parties were involved and my name is still on the claim) my attorney is going to file a counter claim but wants me to clear this is bk trustee. How can I do this? This case involved incidents that did occur before the bk case however I didn't know I had a case till after the bk case.

I hope I can go directly to the trustee. If so, how? Registered letter?


Asked on 6/07/08, 2:04 pm

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

Re: reopen a discharged case?

In order to have legal standing to pursue your claims, you need to file a motion to reopen your case and file an amended Schedule B. Once the asset is disclosed, then the trustee can administer the asset. If the trustee abandons the asset, the case will be closed and the claims revert back to you.

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Answered on 6/07/08, 4:21 pm


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