Legal Question in Bankruptcy in Indiana

Zyprexa Suit vs. Bankruptcy

I filed Bankruptcy and it was Discharged June 2005. I filed Suit for Zyrpexa Claim (Resulting in my contracting Diabetes) Nov. 2005. Because I contracted the Diabetes prior to Bankruptcy Filing. They say they can take money from my lawsuit to repay Creditors, even thoug Zyprexa Suit was filed after Bankruptcy. Also the Trustee hired the same law firm to reopen Bankruptcy Case, which is the one handling my Zyprexa Lawsuit. HELP, I am very confused on this matter

Asked on 10/04/06, 8:53 pm

1 Answer from Attorneys

C. David DuMond Law Offices of David DuMond

Re: Zyprexa Suit vs. Bankruptcy

Your question presents two problems. First, the bankruptcy matter: if at the time you filed your bankruptcy case, you had a valid Zyprexa claim (or even a potentially valid claim), then the claim should have been listed among your assets, to be administered by the trustee. At that time, the trustee probably would not have bothered with it, your case would still have been considered a "no asset" case, and you would have been left to pursue the claim on your own. Assuming you did not list the claim, the trustee is within his rights as trustee to reopen the case, and admiminister the proceeds. Possibly you can argue that your Zyprexa claim did not arise before the bankruptcy case was filed, in which case, the judge will not allow the claim to be administered by the trustee.

The second issue I see here is the attorneys' conflict of interest. It looks to me like they are taking a position adverse to you. You can complain about this to the law firm, and if they don't desist, then to the Disciplinary Commission.

Finally, you better take the time to confer with a lawyer. Start with the person who handled your bankruptcy case. I doubt Internet questions reveal all the facts an attorney would need to evaluate your situation. Good luck.

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Answered on 10/05/06, 12:54 pm

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