Trustee requests prior to actual 341 meeting

[zenia]

Thank you William
Yes I did hire a bankruptcy attorney , But he will not explain one thing to me, I had to pull the credit reports, ect.
How long do you think it will take untill I might know what this trustee will be doing?
William do you think my client has a case againt the doctor as well? Because he saw what this doctor did to me.
many thanks

[BKDefender]

Zenia -
As for the length of time, there's no real standard - it depends on how busy the trustee is and if the trustee is waiting on the defendant to respond to anything. I would imagine that the Trustee would request that your attorney contact the Defendant and inform them that the trustee is willing to settle the claim for $X, which the trustee has full power to do since the claim against the doctor is part of the estate controlled by the trustee. You might contact your lawsuit attorney and get information from him on what the trustee has asked the attorney to do.

As for the client question - are you asking if your client has a cause of action against the doctor because the client witnessed something happening to you? Or are you asking if the client has a cause of action against the doctor because the doctor did something to the client?
The answer to the first question is usually No, the answer to the second is possibly yes.
For person A to be able to sue person B for damages that person B inflicted on person C, in most states, requires that person A be a blood relative to person C and that the injury that occurred to person C be so bad that it causes physical embodiments of emotional distress - the cause of action would be IIED - Intentional Infliction of Emotional Distress, or NIED - Negligent Infliction of Emotional Distress.

Your client would need to consult with an attorney in your state, possibly your current attorney handling your case, to determine if the client has a cause of action against the doctor - I can't answer that since you're in another state and I don't know the laws there.

--William

[zenia]

Hi William here is the thing , there was no law suit filed as of just yet, meaning that doctor has no idea , that he is about to be sued. My law suit attorney would not take this case untill the trustee anandons the suit,
. But he saw everything I had and said OMG yes you have a case , this is where I am not understanding anything , So the trustee just has a posibble law siut case on this matter. Thats why I tought he might just abandon this suit? There was no paper work signed on this doctor. My law suit attorney just made copies of all that I had. So that trustee is going to contact the attorney so he said about this matter.
See how this is making no sence to me?


As far as the client , I was there this doctor does all of this in front of the client. Making this client feel helpless he is 83 years old. The only thing wrong with him is his back hurts. And he is hard of hearing. Nothing else wrong with him.
Any new idea now?
Thank you

[zenia]

Thats what I mean, I havent hired any attorney , for the law suit but did talk to one , and the one i talked to , said yes i have a law suit . The trustee knows this attorney , and said he will call this attorney. I guess its a wait and see game .