Assignment of Right to Sue in Chapter 7 [3 Attachments]
Posted: Wed Feb 15, 2017 1:48 pm
And consequential damages. I would never file one.
Sent from Stella Havkin's iPhone
> On Feb 15, 2017, at 12:04 PM, Dennis cdcbaamailbox@gmail.com [cdcbaa] wrote:
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> [Attachment(s) from Dennis included below]
> 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
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> Sent from my iPhone
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>> 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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>> 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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