What is the name of your state? FL
This might be something only a lawyer can answer, because it might be procedural or jurisdictional, but anyone who knows, please weigh in...
Going to final evidentiary hearing tomorrow on my claim against a fraudulent, bad-faith, asset-concealing debtor with a messy Ch. 13, which was brought mainly to stay my litigation in state court...
Neither my lawyer nor I can figure this out: I revised my claim to eliminate any remaining asset/property that is NOT property of the bankruptcy estate, e.g., the homestead property, a supposedly exempt 401k... Since under the code, the stay operates as a stay to protect property until the court decides it is NOT property of the bankruptcy estate, we are trying to figure out if withdrawing any attack on those assets in the bankruptcy venue preserve my right to go back into state court with a claim against those assets AFTER confirmation...?
Anyone know? At this point, this messy case is becoming a local legend, so there's a good likelihood it will only be confirmed at 100 percent, if at all. But anything I argue for tomorrow, I can't ever take back into state court, according to my lawyer (makes sense to me, since you only get one bite per apple), but I just need to make sure when we go in there tomorrow I'm not selling out my chance to renew my suit in state court once the homestead and the pension are confirmed exempt (if they are).
Thanks for any insights.
This might be something only a lawyer can answer, because it might be procedural or jurisdictional, but anyone who knows, please weigh in...
Going to final evidentiary hearing tomorrow on my claim against a fraudulent, bad-faith, asset-concealing debtor with a messy Ch. 13, which was brought mainly to stay my litigation in state court...
Neither my lawyer nor I can figure this out: I revised my claim to eliminate any remaining asset/property that is NOT property of the bankruptcy estate, e.g., the homestead property, a supposedly exempt 401k... Since under the code, the stay operates as a stay to protect property until the court decides it is NOT property of the bankruptcy estate, we are trying to figure out if withdrawing any attack on those assets in the bankruptcy venue preserve my right to go back into state court with a claim against those assets AFTER confirmation...?
Anyone know? At this point, this messy case is becoming a local legend, so there's a good likelihood it will only be confirmed at 100 percent, if at all. But anything I argue for tomorrow, I can't ever take back into state court, according to my lawyer (makes sense to me, since you only get one bite per apple), but I just need to make sure when we go in there tomorrow I'm not selling out my chance to renew my suit in state court once the homestead and the pension are confirmed exempt (if they are).
Thanks for any insights.