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Counterclaim in 523 Adversary Proceeding - Sue Chapter Trustee?
My client has been sued for 523 nondischargeability by a creditor against
whom he has a pre-petition claim for damages. It all relates to the same
transaction. I do not want to step on the Chapter Trustee's toes or provoke
a Tiger but do not want to give up the counterclaim. Do you name the
trustee as a defendant in the counterclaim or can you just insert an
allegation saying that it is possible that the claim and/or recovery may be
properly prosecuted or recovered by the Chapter Trustee?
WE DO NOT ACCEPT SERVICE BY EMAIL UNLESS WE HAVE AGREED TO ACCEPT IT IN
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Giovanni Orantes, Esq.*
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 2920
Los Angeles, CA 90010
Tel: (213) 389-4362
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
**Certified Bankruptcy Specialist, State Bar of California, Board of Legal
Specialization*
*Board Certified - Business Bankruptcy Law - American Board of Certification
*Board Certified - Consumer Bankruptcy Law - American Board of Certification
Commercial Litigation
Estate Planning
Outside General Counsel
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
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My client has been sued for 523 nondischargeability by a creditor against whom he has a pre-petition claim for damages. It all relates to the same transaction. I do not want to step on the Chapter Trustee's toes or provoke a Tiger but do not want to give up the counterclaim. Do you name the trustee as a defendant in the counterclaim or can you just insert an allegation saying that it is possible that the claim and/or recovery may be properly prosecuted or recovered by the Chapter Trustee?--
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