filing a lawsuit while in chapter 7?

[ja181]

Hi,

My chapter 7 case was filed no asset on 5/25, 341 6/30.

In a separate issue, an attorney wants to file a class-action lawsuit against a company, with me as a lead plaintiff. The most I would ever get out of this is $1,600.

So...

My bankruptcy attorney wants me to wait until after the discharge. By that time, another firm will likely have filed the class-action, and I'd like to be involved in this.

What are my options here?

If the class-action is filed now, can I just hand it over to the trustee to be involved? Will that potentially delay my discharge? I read a few places that it wouldn't delay the discharge, just any awards would be taken by the trustee no matter when it happens.

Anyone dealt with this?

[ja181]

I'm guessing this isn't very common =)

[keepmine]

Since you already filed and are hellbent on getting involved in the classaction, I'd just inform the trustee at your 341.
It won't jeopardize your discharge but, your bk won't close until the trustee gets the proceeds and distributes them to creditors.
Of course, the trustee may well abandon any claim since,it's not much money and payoff is in the future.
My thought is, why borrow trouble? Since the lawsuit will be filed anyway, let another firm file it with another lead plantiff. If you have infomation important to the case you can always contact the lawfirm handling the class post bk and offer to give a deposition or hand over any evidence you may have. That way, you're still involved and at the same time your bk and discharge and closing become routine.

[ja181]

My thought is, why borrow trouble? Since the lawsuit will be filed anyway, let another firm file it with another lead plantiff. If you have infomation important to the case you can always contact the lawfirm handling the class post bk and offer to give a deposition or hand over any evidence you may have. That way, you're still involved and at the same time your bk and discharge and closing become routine.

Well, I have federal tax debt (with filed liens) of about $25k, that I'd really like to get paid down or off. They are not dischargable, as they were not filed more than 3 years ago.

If I'm the lead plaintiff in the class action, I'm more likely to get what I'm owed (which even if the trustee got, would have to go right to the IRS?), instead of $50-100 that I'd get otherwise. Yes, I'm being selfish here.

My main concern is if the discharge would be delayed...which seems like probably won't be the case? I'm ok with the bk case being kept open for a while. That may happen anyway, this trustee is rough and I have 33% ownership in a small business that is about to be merged with another company.

[ColoradoBell]

Bear with me!

sorry, i was trying to start a new post after I read your thread, but it ended up posting on your