Nancy Frankel Pelletier Obtains Dismissal of Federal Suit Based On Failure to Identify Asset in Bankruptcy

Plaintiff failed to identify suit as an asset in her Bankruptcy petition

12/13/2011

Attorney Pelletier successfully argued that a suit filed in the United States District Court in Worcester alleging violations of both Federal and State law should be dismissed as to one of the Plaintiffs based upon her failure to identify the suit as an asset in her Bankruptcy petition and subsequent failure to properly notify the Bankruptcy Court of the potential claim.

A debtor has an obligation to identify all assets, including potential litigation or so-called contingent claims, when a petition for bankruptcy is filed. The debtor has a continuing obligation to amend the filings if necessary. Attorney Pelletier has successfully argued this point in other matters in both State and Federal court.

While the Courts are reluctant to dismiss cases to the potential detriment of creditors, the Court, in Roggio v City of Gardner et als, held that the Plaintiff had been given ample opportunity to properly schedule the asset and failed to do so resulting in the dismissal of her claims. 

Contact Information:
Nancy Frankel Pelletier, Esq.
Telephone (413) 732-2301
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