bankruptcy vacated
Complicated Bankruptcy question?
If a person is in a personal injury lawsuit and the damages are so bad that they cannot even hardly hold a job down and are forced to bankruptcy and then after the bankruptcy is, finally after the whole process is over, discharged and then you find out right before the trial that your bankruptcy lawyer didn’t ask you if you were in a civil lawsuit with settlement potential and you failed to check on the BR Petition that you were in a lawsuit,and also when the Petition was reviewed, the BR attorney still failed to review that question with you, then when you find out right before the trial, and you ask to notify the Trustee and then he files to Vacate the Discharge, what do you do? Can’t afford an attorney because completely destitute, have severe trauma damages, etc. Have to do the ANswer Pro Se, don’t know how.
The personal attorney knew about te BR and he knew that he should have notified him, but didn’t. Trustee says that perjury and fraud has been committed, but it wasn’
The Trustee may well move to reopen the case, vacate the discharge and use the proceeds of your personal injury suit to pay creditors. When you signed your bankruptcy papers and schedules, you swore that you listed all of your assets. Your personal injury case certainly was an asset even if it hasn’t resulted in a judgment yet. You may or may not have committed perjury or fraud depending on the circumstances. Much depends on your intent and state of mind at the time you filed your petition. If you cannot afford a lawyer, it is really important for you to get one. Maybe you can contact legal aid services in your community. The trustee is not particularly interested in making an example out of you or hurting you. He may have a problem with your former attorney. It is very important that you cooperate with the trustee now.
