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I filed for Ch.7 Bankruptcy which was discharged a little over a year ago. I also filed a sec. 1983 civ around the same time...

Chicago, IL |

I am now being informed that the estate of the law suite does not belong to me and therefore I am not entitled to compensation! I have two different lawyers who know my entire situation but never mentioned one thing until now!! Admittedly, I am having a real hard time believing any part of this and am hoping something can be done. I did a little research, and noted that some assets can be negotiated on occasion with the trustee. I'm not sure a civil rights law suite could be one of them or not but aside from everything I am a victim of some very serious police brutality. The state/police even hid the incriminating video for 2+ years and tried to destroy the CD buy scribbling marker on it. We have since repaired the disk and it plays perfectly. Now what? All I for ask is a jury trial...

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Attorney answers 4

Posted

First of all, you have lawyers with whom you should be discussing this matter. If your lawsuit is not exempt, the BK trustee has a right to seize the proceeds from your civil rights action to the extent that the creditors have been discharged. While you feel this is unfair, what is unfair to your creditors is that you are discharged from your liabilities and can still reap the full benefits of a lawsuit which would be considered a nonexempt asset that would change to factors to be considered in determining whether you are a candidate for Ch. 7 or whether/how your are to be discharged.

Asker

Posted

I would have no problem paying back my creditors assuming I won the lawsuit obviously. I had to act immediately at the time to save my home from foreclosure and therefore filed the chapter 7. I don't feel like this is "Justice for All", and in fact find a lot of it to be completely unfair. Some of the laws don't seem to take into account the individual's actual situation. What about the accountability of my attackers? They are off the hook now too because I couldn't get my case in the limelight like it needed to be? Everything seems stacked in favor of the government with little regard to a individual who is a victim. This case has been going on for over three years and suddenly now this comes up. Justice really is blind...

Posted

I am so sorry this issue was not addressed and explained to you when you filed your chapter 7 case. The chapter 7 trustee has the right to take the money from non-exempt assets for the benefit of your creditors. The suit that you describe must not be exempt. The trustee has the right to become the owner of the suit.

Karen J. Porter is licensed in the State of Illinois. An answer to a question on this site does not create an attorney client relationship. It is recommended that you meet with an attorney to receive a thorough and confidential review of your legal problem.

Asker

Posted

It's quite amazing how unjust things can be within this great country of ours! I still cannot fully grasp the idea of this. The suite was for a half million and my bk was nearly a quarter million. It seems to me that if I won the case I could easily payback my creditors plus get some retribution and justice. This case is almost ready to be completed out. Is there anything I can do to try and get things a little more in my favor possibly?

Gary D. Bollinger

Gary D. Bollinger

Posted

Your victimization is not the legal issue you should first address. Judicial estoppel & full disclosure of bankruptcy assets are primary issues.

Posted

You wrote, "I filed for Ch.7 Bankruptcy which was discharged a little over a year ago. I also filed a sec. 1983 [Civil Rights] around the same time..."

A: If the events giving rise to the 1983 action arose prior to the filing date of the Chapter 7, it ought to have been listed on your Schedule B "Personal Property".

Asker

Posted

I completely understand what you have stated. My point simply put is that what took place against me were aggravating circumstances which violated my 4th and 8th amendment rights. There were aggravating factors in the sense that I was incapacitated at the time due to my illness which was in full affect at the time. It just seems to me that exception be made for me due to the uniqueness of this case. I would also like to see to it that some type of reprimand or termination take place against my attackers. Any suggestions?

Gary D. Bollinger

Gary D. Bollinger

Posted

While bankruptcy does have some "hardship" exceptions, in Eastern District of MO, where I practice, I don't know of any exceptions applicable for bankruptcy for your situation.

Posted

All assets and all liabilities must be listed in a bankruptcy filing. If you had a lawsuit pending or the potential to sue at the time of the bankruptcy filing you needed to list the lawsuit or claim. If the lawsuit or claim was not listed at the time of the bankruptcy filing then the trustee in a Chapter 7 had no opportunity to administer the asset or even ask you questions about the lawsuit. That is a major issue in a Chapter 7. When you fail to list an asset in a bankruptcy then the trustee never abandons that asset because he or she had no opportunity to administer it. The defendant in a lawsuit can raise that issue as a defense because the trustee had the right to sue and settle etc. Follow your lawyers advice

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Illinois. Responses are answers to general legal questions and the receiver of such question should consult a local attorney for specific answers to questions.

Asker

Posted

At my 1st appearance in bankruptcy court my lawyer asked me if I had ever gotten the dollar amount for my civil suit. I explained I still had not gotten this as of yet because I hired a new lawyer and my previous lawyer had not provided a dollar amount. As a result we rescheduled until we could get the dollar amount of the law suit. Upon getting the information, I called my attorney and was provided a new court date. At the rescheduled hearing, the trustee seemed to have scolded me and asked me why I had not provided information about the law suit previously. I explained that I "DID" provide the law suit information to my attorney, but that at the time of the first hearing did not know the value of the suit (All of this was tape recorded). The trustee then said something to the effect of that is all for "today" and I didn't hear another thing until several years later. My attorney actually told me they were threatening to arrest me for allegedly not disclosing the information of the suit to my bankruptcy attorney and trustee! Obviously this isn't true and I know it was all tape recorded etc. Yet somehow, my bankruptcy managed not to get the suit "listed" after all that? I really don't know what to believe anymore. The county hid the incriminating video tapes for nearly 3 years. I wouldn't put it past them to have hidden the tape recording of my court appearance with my lawyer and the trustee. (Yes, I have been through it all unfortunately). It is clear to me that someone or some entity was/is trying to cover up and get away with the abusive violations of the law committed against me. Most interesting at the time, is that my first civil attorney kept mentioning that without a video tape showing the abuses it would not be that "big" of a case. No sooner does my new lawyer get a copy of the hidden video, but we have the issue of the estate coming up. In the name of Liberty and Justice, it seems there has to be a better route than this!

Marc Gregory Wagman

Marc Gregory Wagman

Posted

The US trustee keeps these recordings, but for how long I don't know. I would think it wouldn't hurt to get the lawyers in your 1983 lawsuit to review the docket, and get those recordings. Your schedules should have been amended after the meeting and the suit or potential suit listed. I think you should have someone review the docket in the bankruptcy to see what happened with your bankruptcy case.

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