Conflicting Information

[bethgop]

What is the name of your state? CALIFORNIA
While my case was being appealed, one of the defendants filed Chap 7.
My atty and I found out after I won the appeal and before the lower court reversed its original ruling. Should my lawyer have filed to reopen the BK case?
Aside from filing a Writ of Execution, my atty did not do anything else to collect the judgment against the other defendant who did not file BK. I have been informed by another atty that my atty (any atty for that matter) should have known to go to the BK court and filed a motion to reopen the case? He now claims that after all he is not a BK expert.

 

[JETX]

While my case was being appealed, one of the defendants filed Chap 7.
My atty and I found out after I won the appeal and before the lower court reversed its original ruling. Should my lawyer have filed to reopen the BK case?

Nope. A chapter 7 liquidation is simply that... a liquidation of the petitioners exempt assets. As long as the petitioner is able to show the trustee that his/her debts exceed the reasonable potential for assets, the court will generally grant the discharge. Your additional debt would simply have increased their debt load.

Aside from filing a Writ of Execution, my atty did not do anything else to collect the judgment against the other defendant who did not file BK.

That is a separate issue and not related to the bankruptcy debtor.

I have been informed by another atty that my atty (any atty for that matter) should have known to go to the BK court and filed a motion to reopen the case?

The other attorney was either confused.... or you were.

He now claims that after all he is not a BK expert.

DOH!!!