Bankruptcy/Lawsuit

Hi,

I was injured on job in 2006 and , filed initial Chapter 13 in 1995, it defaulted in 2002, tired of creditors and at advice of attorney filed Chapter 7 in 2008. At the time of filing Chapter 7, intentions were to come off disability from work and mainstream back into work doing lite duty. My injury did not warrant that and thus Chapter 7 filed, hired new attorney to persue lawsuit and was informed that I would have to reopen bankruptcy case, this was a long and crazy process.Lawsuite filed 10-27-09 just few days before statue of limitations ran out. My case reached settlement agreement in November 2010, my attorney has been paid but I am fighting with bankruptcy for partial payment of my monies - can u believe it? Check this out, this bankruptcy stems from a 1995 Chapter 13 and in reopening the case there was one creditor wanting payment of $1206.27 but bankruptcy wants me to pay fees totaling over $100,000.00 and thus leaving me with hardly nothing. I find it appaling to say the least and as in the criminal courts the" punishment does not fit the crime". Everyone gets rich off of the disabled person - yes living off social security disability because of injury I sustained on my job. Been looking everywhere to find out what Bankruptcy Court can do and are there any statue of limitations placed upon them. Shucks the social security attorney was capped at $6,000.00!

Denney:

bankruptcy wants me to pay fees totaling over $100,000.00

What fees?

To whom?

Why?

Sorry, but nothing in your post seems to explain that.

Let me recap your issues. . .

1. You filed bk in 1995 and it was dismissed in 2002 - totally irrelevant

2. You suffered a work related injury in 2006 - may have been exempt but you lost that argument by failing to disclose. . . read on

3. You filed Chapter 7 in 2008 and FAILED TO DISCLOSE the work related injury claim.

4. You got your discharge and the Chapter 7 was closed.

5. You decided to hire an attorney to pursue a law suit for the work related injury claim that you FAILED TO DISCLOSE in the 2008 bk.

6. The Defendant (or someone) informed the state court that you had a bk and had FAILED TO DISCLOSE that you had a work related injury claim and, as a result, the claim had not been abandoned by the closing of the case and you had no right to file the suit - you were not the "true party-in-interest".

Am I Warm???????

7. You then had to notify the bk court, reopen your case and the Trustee took over the suit that DID NOT BELONG TO YOU SINCE YOU FAILED TO DISCLOSE THE WORK RELATED INJURY CLAIM IN THE 2008 BK.

8. The Trustee, who was the "true party-in-interest" hired your attorney to continue the representation and the suit settled.

9. You are now being told you won’t get any money since the settlement $$ will be used to pay your creditors, the lawyer you hired, the lawyer that the Trustee hired, the Trustee's fees and who knows what else.  You may even be asserting that the claim is exempt, but, since you failed to list in in the bk, the Trustee is correctly telling you that you are not entitled to any exemption.

10. You think you are getting the short end of the stick and are pulling out the "disability card"

11. You think the "punishment does not fit the crime".

Sorry bud, you should be happy with this outcome since you are not sitting in prison. It is a CRIME to fail to list an asset. If I were the Trustee I would have turned the matter over to the DOJ for a criminal referral as you committed bankruptcy fraud by failing to disclose the asset and, ever worse, attempting to capitalize on your fraud after your case was closed. Fortunately, the other side recognized the wrong you committed and spilled the beans.

My recommendation (having seen this type of activity many times over the past 24 years) is that you better walk away now while you are ahead. Spending 38 months in Club Fed ain’t no picnic especially if you are disabled.

Sorry to be so blunt, but I only call them like I see them.  Maybe I am wrong, but I doubt it.

Des.