Question: If My Chapter 7 Bankruptcy

[booboo]

Has now passed the 60 day club and discharged, can a person who had claimed that a house I surrendered back to the bank was part of a constructive trust?

We own a 2nd home and a relative has been claiming an interest in this home via a constructive trust. This constructive trust was never consumated by a court or legitimate instrument, and it has been an ongoing civil matter for years.

During our BK we listed this home and plan on surrendering back to the bank, and this relative was noticed about this and was aware of the above. He failed to file any AP during my 60 day period and his attorney was involved and has had discussions with the Trustee, but apparently the Trustee proceeded with our case. We do not know as to what extent those talks were about.

It was discharged on Monday without this person filing a AP on the issue, so my question is this:

Can this person now file and be sucessful in a California Civil Court claiming that we now owe him sums for his interest (assuming he has one) in the home that was surrendered considering he had a chance to object to our filing and including this disputed property and did not?

Any thoughts on this will be much appreciated. We need to gear up for his continued harassment of us.

BooBoo

[NoMoreCards]

If this person's interest has been a civil/legal matter for years, then I am surprised the trustee would allow it to be discharged.

Wouldn't that have come out when asked "Are you a party to any type of lawsuit?".

I clearly am not understanding this situation, however I wish you only the best. If you didn't file Pro se, make sure you have discussed this with your attorney. You may need his/her help if this ends up in a court hearing with you and the other person.

[booboo]

Yes, this was discussed with the trustee at the 341. BK attorney was aware of this ongoing litigation and said let him fight you in your backyard (Oregon).

BooBoo