Mac Truong, et al. v. R. Kenneth Barnard, et al.
Privacy JusticiabilityDoctri
May a Chapter 7 Trustee proceed to collect a Chapter 7 Debtor's assets before the Debtor would have successfully attended at least one 11 USC 341(a) Creditor Meeting, and/or even though the Debtor had willfully refused to attend any of more than 50 scheduled 11 USC 341(a) Creditor Meetings?
QUESTIONS PRESENTED 1. May a Chapter 7 Trustee proceed to collect a Chapter 7 Debtor’s assets before the Debtor would have successfully attended at least one 11 USC 341(a) Creditor Meeting, and/or even though the Debtor had willfully refused to attend any of more than 50 scheduled 11 USC 341(a) Creditor Meetings? 2. May a Chapter 7 Trustee proceed to collect a Chapter 7 Debtor’s assets and distribute them to himself and whomever he deems it fit even though the Debtor had willfully refused to attend any one of more than 50 scheduled 11 USC 341(a) Creditor Meetings during a period of four years, and been denied a discharge? 3. May a Chapter 7 Trustee file his Final Report and propose to distribute assets , to whomsoever he deems it fit even though litigations between him and Debtor and many creditors and other concerned third parties have not been finalized, settled or terminated as he misrepresents in his report, but pending in many concerned courts with himself as the main litigant? ~ 4, After the Debtor had willfully refused to attend any 341(a) Creditor Meeting and been denied a discharge upon his own motion, does a Chapter 7 Trustee have a duty under 11 USC 349(a) to remit Debtor’s collected assets in his custody to those who owned them immediately prior to Debtor’s filing for bankruptcy? 5. Does 11 USC 105 empower a USBC judge to arrest in handcuffs and incarcerate an absolutely innocent Chapter 7 Debtor in federal prison until she would have turned over her non-estate inherited funds that her alleged Trustee claims in bad faith belong to her estate, even though she has never attended any 341(a) Meeting, and been denied a discharge? . I Page STATEMENTS OF FACTS Preliminary Statement: .c