Diane L Gruber

Diane L Gruber West Linn Bankruptcy Attorney

Posted over 13 years ago.

But if the case is dismissed, the creditors will get no benefit from this asset.

Scott Benjamin Riddle

Scott Benjamin Riddle Atlanta Bankruptcy Attorney

Posted over 13 years ago.

The poster did not mention a dismissal.

Theodore Lyons Araujo

Theodore Lyons Araujo Syracuse Bankruptcy Attorney

Posted over 13 years ago.

The Trustee might object to the discharge, but that is unlikely. The case will be open until the PI case is resolved and the creditors paid from the net proceeds. Debtor amendments apply back to the time of filing. If the case was closed and debtor now tries to reopen that is a problem.

Scott Benjamin Riddle

Scott Benjamin Riddle Atlanta Bankruptcy Attorney

Posted over 13 years ago.

I have represented Trustees who have objected to, or moved to revoke, the discharge of debtors who intentionally omit significant assets, especially when it appears intentional. It is a huge problem when the defendants in the PI case can raise judicial estoppel as a defense, and we have had to settle for less than a case is worth. We have referred a couple to the US Attorney. Yes, it happens.