First Foray Into Bankruptcy Law

First Foray Into Bankruptcy Law

May 21, 2014.  Currently, a little over 7 months pregnant. Trying to get all my cases to a point where I can suddenly be gone at any time and another attorney at the office can step in. With last pregnancy wound up in hospital several times. So, could be an issue.

Civil plaintiff’s work is a lot easier to calendar than civil defense. Or criminal defense – which is totally crazy as far as calendaring goes.

Been a bit of a lull for a week for me, getting a lot of things ready ahead of time. Awesome! This maternity leave will be a lot easier than first two…

Get pulled into Lee’s office. He and Sam need help to decide whether a client’s claims against a defendant will be barred when client’s bankruptcy closes, among other things. We don’t represent client in the bankruptcy, but want to file a big lawsuit here before too long. Some of the claims are from before client filed for bankruptcy.

I go find Kay Lynn. She says, yes, we need to do something before bankruptcy closes if any of the claims are from before client filed bankruptcy. Need to ask trustee or court to let the claims go to client, instead of staying in bankruptcy estate.

Take deep breath. Been practicing almost 10 years. First time ever needing to research bankruptcy law. Count my lucky stars. Sure enough, need to file a “Motion to Abandon” based on 11 U.S.C. § 554(b). Unless the trustee will do it.

Call trustee with Sam. We leave a message.

Week passes. It’s hard to work on something with Sam, since we’re both only in the office 3 days a week. Her 3 days and my 3 days are different. Finally touch base: “you ever heard from that bankruptcy trustee?”


Call and leave another message.

Week passes. Again, wish Sam and I had more days a week in common at the office. Finally, “heard from the trustee?”

“Yes, she doesn’t want to do it herself. Says go ahead and do it ourselves, send it to her for her review before filing to see if she will object.”

Ok. Draft Motion after copious research. Hard to find something directly on point, this bankruptcy estate is really different than most. All creditors have been paid, our client has received monies after all creditors were paid.

E-mail to trustee. She has couple changes. Might or might not object based on technical legal argument…Do more research, find another case, cite that one, too.

Now, time to file the brief. Ask Kiersten if she can do it (thank goodness for an assistant who is so smart and capable!) Kiersten says filing’s a little weird on the bankruptcy website. Ask Kay Lynn to help.  Darn it! Kay Lynn isn’t in the office. Call her at home and needle her to help from home. She finally relents and helps us figure out how to file on the bankruptcy court website.

Sigh of relief. Job well done, pretty sure trustee won’t object now.  Since all creditors have been paid, no one else will. In two weeks, we can file this lawsuit in state court.

Rebecca J. Rutz

Becky’s primary focus at Grizzly Law is personal injury, ranging from auto accidents to slip and falls and medical malpractice. However, Becky also enjoys assisting people with their estate planning and has also represented homeowner’s associations with their various legal needs.