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Assignment of Right to Sue in Chapter 7
Shannon:
Probably cannot file an invol 7. This is just one debt and debtor has to be generally not paying creditors. Some courts rule this is a percentage test, debtor has to not be paying 50%+ of outstanding creditors. Punitive damages can be awarded against bad faith involuntary. Be careful out there.D
Sent from my iPhone
> On Feb 15, 2017, at 9:51 AM, Shannon Doyle sdoyle@ebankruptcyassistants.com [cdcbaa] wrote:
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> Plaintiff sued Defendant for an auto accident. Defendants insurance company denied the claim. Plaintiff gets judgment against Defendant. Defendant has no money to pay. Defendant has a claim against the insurance company for bad faith. Plaintiff cant collect against insurance company unless Defendant assigns the claim to Plaintiff. Defendant refuses to do so. (1) Can Plaintiff put Defendant in a voluntary Chapter 7 and if so (2) Would the trustee assign the right to sue the insurance company to Plaintiff?
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> Licensed in California
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Probably cannot file an invol 7. This is just one debt and debtor has to be generally not paying creditors. Some courts rule this is a percentage test, debtor has to not be paying 50%+ of outstanding creditors. Punitive damages can be awarded against bad faith involuntary. Be careful out there. DSent from my iPhoneOn Feb 15, 2017, at 9:51 AM, Shannon Doyle sdoyle@ebankruptcyassistants.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
Plaintiff sued Defendant for an auto accident. Defendants insurance company denied the claim. Plaintiff gets judgment against Defendant. Defendant has no money to pay. Defendant has a claim against the insurance company for bad faith.
Plaintiff cant collect against insurance company unless Defendant assigns the claim to Plaintiff. Defendant refuses to do so. (1) Can Plaintiff put Defendant in a voluntary Chapter 7 and if so (2) Would the trustee assign the right to sue the insurance
company to Plaintiff?
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Shannon A. Doyle
Attorney | Virtual Bankruptcy Assistant
Phone: 855-378-4080
Fax: 562-249-8435
Licensed in California
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Could the plaintiff be a third party beneficiary to the insurance contract between the defendant and the insurance company and thus have standing to sue on the breach of insurance contract in state court?
on Doyle sdoyle@ebankruptcyassistants.com [cdcbaa]"
To: "cdcbaa@yahoogroups.com"
Sent: Wednesday, February 15, 2017 9:51 AM
Subject: [cdcbaa] Assignment of Right to Sue in Chapter 7
ndants insurance company denied the claim. Plaintiff gets judgment against Defendant. Defendant has no money to pay. Defendant has a claim against the insurance company for bad faith. Plaintiff cant collect against insurance company unless Defendant assigns the claim to Plaintiff. Defendant refuses to do so. (1) Can Plaintiff put Defendant in a voluntary Chapter 7 and if so (2) Would the trustee assign the right to sue the insurance company to Plaintiff? Shannon A. Doyle Attorney | Virtual Bankruptcy Assistant Phone: 855-378-4080 Fax
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Could the plaintiff be a third party beneficiary to the insurance contract between the defendant and the insurance company and thus have standing to sue on the breach of insurance contract in state court?
on Doyle sdoyle@ebankruptcyassistants.com [cdcbaa]"
To: "cdcbaa@yahoogroups.com"
Sent: Wednesday, February 15, 2017 9:51 AM
Subject: [cdcbaa] Assignment of Right to Sue in Chapter 7
ndants insurance company denied the claim. Plaintiff gets judgment against Defendant. Defendant has no money to pay. Defendant has a claim against the insurance company for bad faith. Plaintiff cant collect against insurance company unless Defendant assigns the claim to Plaintiff. Defendant refuses to do so. (1) Can Plaintiff put Defendant in a voluntary Chapter 7 and if so (2) Would the trustee assign the right to sue the insurance company to Plaintiff? Shannon A. Doyle Attorney | Virtual Bankruptcy Assistant Phone: 855-378-4080 Fax
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This is a good theoretical question on what kind of property a right to sue
someone is. I mean, you can levy a bank account, you can have the sheriff
seize real/personal property, but how do you seize the right to sue
someone?
While a 303 may be an option, I think this is a very roundabout way of
doing it. Have you already suspended the person's driver's license? Have
you offered the person some cash for the claim? I mean, why not offer 10%
of any money recovered?
Sincerely,
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801 N. Brand Blvd., Suite #1130
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On Wed, Feb 15, 2017 at 9:51 AM, Shannon Doyle sdoyle@ebankruptcyassistants.
com [cdcbaa] wrote:
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> Plaintiff sued Defendant for an auto accident. Defendants insurance
> company denied the claim. Plaintiff gets judgment against Defendant.
> Defendant has no money to pay. Defendant has a claim against the insurance
> company for bad faith. Plaintiff cant collect against insurance company
> unless Defendant assigns the claim to Plaintiff. Defendant refuses to do
> so. (1) Can Plaintiff put Defendant in a voluntary Chapter 7 and if so
> (2) Would the trustee assign the right to sue the insurance company to
> Plaintiff?
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> Shannon A. Doyle
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> *Attorney | Virtual Bankruptcy Assistant*
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> *Phone: 855-378-4080 *
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> *Fax: 562-249-8435 *
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> *Licensed in California*
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This is a good theoretical question on what kind of property a right to sue someone is. I mean, you can levy a bank account, you can have the sheriff seize real/personal property, but how do you seize the right to sue someone?While a 303 may be an option, I think this is a very roundabout way of doing it
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I think you are talking about a section 303 involuntary bk. The requirements are, generally speaking, narrowly construed with harsh consequences awaiting petitioner(s) if the petition is dismissed. Gary R. WallaceLaw Office of Gary R. Wallace10801 National Boulevard, Suite 100Los Angeles, CA 90064Email: garyrwallace@ymail.comOffice: (310) 571-3511
aa@yahoogroups.com>
To: "cdcbaa@yahoogroups.com"
Sent: Wednesday, February 15, 2017 9:51 AM
Subject: [cdcbaa] Assignment of Right to Sue in Chapter 7
insurance company denied the claim. Plaintiff gets judgment against Defendant. Defendant has no money to pay. Defendant has a claim against the insurance company for bad faith. Plaintiff cant collect against insurance company unless Defendant assigns the claim to Plaintiff. Defendant refuses to do so. (1) Can Plaintiff put Defendant in a voluntary Chapter 7 and if so (2) Would the trustee assign the right to sue the insurance company to Plaintiff? Shannon A. Doyle Attorney | Virtual Bankruptcy Assistant Phone: 855-378-4080 Fax: 562-249-8435
The post was migrated from Yahoo.