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Need to File a Motion to Abandon on Case Stuck in Ditch
Listmates:
I have a case that has been pending, with multiple continued/excused
341As for about 3 years now. No discharge. The prepetition asset is a
cause of action against a major employer for discrimination when he was
on medical leave. He had an attorney for an unfiled case prepetition
(we knew it was a possible asset). The labor law attorney decided not
to take the case, and the Trustee's search to find a replacement labor
law attorney for that cause of action has proved fruitless, and she's
given up trying.
Several months into the case the Debtor was completely terminated and a
severance package was offered. When the Trustee's attorney heard about
it she put a kibosh on it because a term of it was that included a
general release from all liability of any kind, including the
prepetition claim. Former employer would not relent on that provision.
The former employer will not negotiate, and the trustee wants to take a
huge part of the postpetition termination package, even though that is
not part of the estate, to settle the prepetition claim.
So now I'm gearing up for a Motion to Abandon before Judge Neiter; and I
have 2 questions:
1. Any words of wisdom?
2. Any good Motions to Abandon that you would be willing to share or
give me a case # on?
Thank you
Steve
Law Offices of Steven B. Lever
>
> Steven B. Lever
>( Tel. (562) 436-5456 ext. 1
>( Fax (562) 485-6886
>* sblever@leverlaw.com
> www.leverlaw.com
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