gizmobently
Junior Member
What is the name of your state? OHIO
I need some advise, since the judge has just sent me a letter telling me I have complete control of a civil case involving an auto accident that I was not at fault for in 2000. It is civil action brougt in Common Pleas Court in Ohio. This is on the active docket at this time, being delayed by a bankruptcy filing, which I did not, in writing, direct my then bankruptcy attorney to file if it involved any chance, even $1 repayment, involving any personal injury claims. More to say about that situation, but right to the point for the PI attorneys out there.
Since I am in control at this time of the civil action concerning a possible $285,000 in underinsured liability by my insurance company at the time, with current medical bills of $120,000 that have been paid and under subrogation agreements, not counting advised cervical surgery and elbow decompression surgery, which in my opinion would put any fair or reasonable settlement at the policy limits. Should I have the case withdrawn, and later refiled within the 1 year allowed in civil cases, until the bankruptcy issue has been resolved? I have been told by my present bankruptcy attorney, who is also a bankruptcy trustee, that because the trustee in charge of my case did not make himself as a co-plaintiff, this is why the judge most likely ruled as he did. It is only a matter of time before this would most likely go back into the control of the trustee. I am not going to let the trustee control my PI case, and hope that the pending bankruptcy is reversed(that being, that I now will be legally responsible for debts discharged in bankruptcy in late 2003 in the amount of around $75,000, all in credit card debt.
It is my thought that I could most likely have the trustee reverse the pending discharge and assume the debt and try to negotiate settlements with each credit card company on my own, as he did tell me in writing that if I refused to cooperate, he would see to it that the debts would not be discharged. I am sure that I could reduce that amount in at least half. Is this reasoning in my best interest, as I will have to have the civil case withdrawn very, very soon, in next few days before trustee becomes co-plaintiff? Please remember that my initial contact concerning the question of whether I should file for bankruptcy and under what conditions this action would affect were completely misrepresented by the attorney at that time. I was even give a chance to withdrawal my filing of petition, yet this attorny could not find the time to go down to the fed courthouse and get a motion filed for this as he "was busy at the time." Complete malpractice, and I was told that because I suffered no damages, that I could not bring a malpractice suit against this attorney. Now, the statue has run on this. In other words, I was put in a position that I completely protested from the beginning in writing and made it very clear that this is not what I wanted to happen if filing a petition would affect these cases very clearly in writing and would take not 1% of chance that what this attorney was telling me was indeed correct. Not 1% of chance. I am now told that it is too bad but I can't do anything about it. This is akin to dictatorship rule, and I am absolutely and have been, steaming over this complete disregard to what my wishes were and are. Regardless, I am at this time in complete control of this case in a letter received by me, Thursday, June 22, from the presiding judge in the civil case. All the bankruptcy stuff is irrelevant until it is properly presented by the trustee, and I have a small window to do what I want that will be of my best interest, as I had no choice prior to this. I believe the judge has seen what has happened here, and is trying to do what he can to help me. It is only a guess, but I have been a victim of the Federal Judicial System, and will not let this happen.
Please respond as to your thoughts and opinions, as the active docket entry for this civil case is a jury trial scheduled for late this year, early next year.
Thank you for providing me a way to express my thoughts to many legal experts that will read this. Unfortunately, time is of the essence, as I may have to go tomorrow and have the case withdrawn.
GB
I need some advise, since the judge has just sent me a letter telling me I have complete control of a civil case involving an auto accident that I was not at fault for in 2000. It is civil action brougt in Common Pleas Court in Ohio. This is on the active docket at this time, being delayed by a bankruptcy filing, which I did not, in writing, direct my then bankruptcy attorney to file if it involved any chance, even $1 repayment, involving any personal injury claims. More to say about that situation, but right to the point for the PI attorneys out there.
Since I am in control at this time of the civil action concerning a possible $285,000 in underinsured liability by my insurance company at the time, with current medical bills of $120,000 that have been paid and under subrogation agreements, not counting advised cervical surgery and elbow decompression surgery, which in my opinion would put any fair or reasonable settlement at the policy limits. Should I have the case withdrawn, and later refiled within the 1 year allowed in civil cases, until the bankruptcy issue has been resolved? I have been told by my present bankruptcy attorney, who is also a bankruptcy trustee, that because the trustee in charge of my case did not make himself as a co-plaintiff, this is why the judge most likely ruled as he did. It is only a matter of time before this would most likely go back into the control of the trustee. I am not going to let the trustee control my PI case, and hope that the pending bankruptcy is reversed(that being, that I now will be legally responsible for debts discharged in bankruptcy in late 2003 in the amount of around $75,000, all in credit card debt.
It is my thought that I could most likely have the trustee reverse the pending discharge and assume the debt and try to negotiate settlements with each credit card company on my own, as he did tell me in writing that if I refused to cooperate, he would see to it that the debts would not be discharged. I am sure that I could reduce that amount in at least half. Is this reasoning in my best interest, as I will have to have the civil case withdrawn very, very soon, in next few days before trustee becomes co-plaintiff? Please remember that my initial contact concerning the question of whether I should file for bankruptcy and under what conditions this action would affect were completely misrepresented by the attorney at that time. I was even give a chance to withdrawal my filing of petition, yet this attorny could not find the time to go down to the fed courthouse and get a motion filed for this as he "was busy at the time." Complete malpractice, and I was told that because I suffered no damages, that I could not bring a malpractice suit against this attorney. Now, the statue has run on this. In other words, I was put in a position that I completely protested from the beginning in writing and made it very clear that this is not what I wanted to happen if filing a petition would affect these cases very clearly in writing and would take not 1% of chance that what this attorney was telling me was indeed correct. Not 1% of chance. I am now told that it is too bad but I can't do anything about it. This is akin to dictatorship rule, and I am absolutely and have been, steaming over this complete disregard to what my wishes were and are. Regardless, I am at this time in complete control of this case in a letter received by me, Thursday, June 22, from the presiding judge in the civil case. All the bankruptcy stuff is irrelevant until it is properly presented by the trustee, and I have a small window to do what I want that will be of my best interest, as I had no choice prior to this. I believe the judge has seen what has happened here, and is trying to do what he can to help me. It is only a guess, but I have been a victim of the Federal Judicial System, and will not let this happen.
Please respond as to your thoughts and opinions, as the active docket entry for this civil case is a jury trial scheduled for late this year, early next year.
Thank you for providing me a way to express my thoughts to many legal experts that will read this. Unfortunately, time is of the essence, as I may have to go tomorrow and have the case withdrawn.
GB