If the trustee abandons the lawsuit, can I continue to pursue it? 2 Answers as of February 24, 2014

I filed for bankruptcy and is was given a discharge (not a final decree). I then began a civil lawsuit as plaintiff (not a PI suit btw). We forgot to list the lawsuit (inadvertently) so defendant’s attorney filed motion to dismiss based on estoppel. We were able to go back and list the lawsuit since we didn't have a final decree. Now the defendant is saying I don't have the standing to pursue the case and has asked for dismissal. The trustee has been notified about the lawsuit and has now spoken to my civil attorney. If the trustee takes it over, then I guess I only get what I put as exempt, right? (about $11,000 for homestead). Can the trustee appoint my civil attorney to take over the case and then have him distribute any proceeds to the estate allowing us a possibly more generous settlement than if the trustee takes it over?

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Stuart P Gelberg
Stuart P Gelberg | Stuart P Gelberg
Yes to all your Qs. Why are asking here and not your atty?
Answer Applies to: New York
Replied: 2/24/2014
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
Trustee normally will allow the attorney working on the case to remain on the case and will normally give you the money that is exempt. Anything above that will go to your creditors.
Answer Applies to: New York
Replied: 2/21/2014
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