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Re: climberprof post# 245884

Friday, 10/29/2010 12:30:55 PM

Friday, October 29, 2010 12:30:55 PM

Post# of 729799
If he identifies malfeasance and has evidence to support it (i.e., Project West) then I presume it shouldn't be too difficult - but I'm not sure.

As for cancelling the seizure and challenging the P&A - it's not his place to challenge it (the trustee would) and he certainly doesn't have the power to cancel it. If, however, he finds that the seizure was unwarranted, he will recommend that the estate be awarded the appropriate relief - which would likely entail a market valuation and subsequent damages.

The court will fashion relief at law - and only in the absence of legal relief (i.e., damages), will it fabricate some form of equitable relief (i.e., recission of the P&A) to compensate the estate.

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