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I don't understand what my trustee is doing and my attorney is of no help

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  • I don't understand what my trustee is doing and my attorney is of no help

    I filed for bankruptcy in July of 2017. It was discharged Nov. 1st. When I filed, I was in the middle of a personal injury case over a car wreck I was in and, of course, the trustee attached the PI to the estate and any settlement monies. I was only able to exempt about $1700 of the PI funds. The settlement was reached in Jan. 2018. After the attorney's fees, the trustee was forwarded the remaining $16,666. In February, my health insurance company called wanting reimbursement for their $4000 in costs. I told them I didn't have the money because of the BK and gave him all of the trustee's information and the BK #. In June, the insurance company sent the trustee notice they wanted their funds. In July, the trustee submitted an interim report that I have no idea what it says and my attorney has basically told me they feel their job is done once the paperwork is filed. From what I can see on Pacer, the trustee said she'd be submitting her final report by Dec. 31st. That is 4 days away now and nothing is still listed on the site and everything I've read says the final report is after all funds have been issued and checks cleared with a final accounting. I cannot see anything on Pacer showing she's distributed any of the funds from the trust nor have I received my exempted amount. Is it possible that she has decided after the insurance reimbursement and her fees that there would not be a substantial amount worth distributing or would issuing the exempt amount be something she would do at the end of the case? The last time I contacted the trustee, she stated she would not discuss anything with me because I had an attorney and then the attorney contacted me telling me not to contact the trustee and showed me communications with the trustee from 4 months prior that answered my question, but they had never even forwarded to me to keep me in the loop as to what was going on, nor did they even bother to respond to her question. Thank you for your help with this.

  • #2
    Originally posted by Salem3671 View Post
    From what I can see on Pacer, the trustee said she'd be submitting her final report by Dec. 31st.
    Please go back to your PACER account. Copy & paste for us to review exactly what was "said" (removing any names or case number). Please also give the date this entry or document was filed.

    Des.

    Comment


    • #3
      07/31/2018 Notice of Submission of Trustee's Interim Report to the Office of the U.S. Trustee. Copies of the report are available upon request without charge from either the Case Trustee or U.S. Trustee. Projected date of Final Report: 12/31/2018. (Entered: 07/31/2018)

      Comment


      • #4
        The document listed before this was in June where the insurance wanted reimbursement. Prior to that was on February 5th when the trustee sent notice of available assets and gave the creditors until May 7th to file their claim.

        Comment


        • #5
          For what it's worth, PACER won't show distributions. You can register at the National Data Center (NDC -- ndc.org) and view the actual disbursements from your bankruptcy (as well as to whom the disbursements were made and in what amounts).
          Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
          Status: (Auto) Discharged and Closed! 5/10
          Visit My BKForum Blog: justbroke's Blog


          I am not an attorney. Any advice provided is not legal advice.

          Comment


          • #6
            Your Trustee has not prepared his final report. For whatever reason he has let your file sit. This happens all the time. If there is no activity his boss, the UST, will eventually file a “Memorandum to Case Trustee”. It will state:

            The administrative docket in this case shows that there has been no activity (no filings have been made) in this case for one year or more and there are no pending adversary proceedings in which the trustee is a party. Based on a review of the docket, it is unclear as to whether this case is continuing to be administered or whether an appropriate final report should be filed and the case closed.
            That will spur the Trustee into action, at which point, he will submit his final report. Once that happens his boss, the UST, will put an entry on the docket that states:

            UST Review of Chapter 7 Trustee Final Report (batch) - The United States Trustee has reviewed the Chapter 7 Trustee's Final Report, Application for Compensation and Application(s) for Compensation of Professionals. Filed by the U.S Trustee's Office.
            Once this review is completed and the above appears on the docket the Trustee can complete the distributions.

            Unfortunately, unless your Trustee wakes up to move things along, the UST is not going to act until some time next year as the Office of the UST is closed until the partial government shutdown is over.

            Bottom line is - you and the insurance company are going to have to wait it out. Try to be patient.

            Des.

            Comment


            • #7
              Okay. Thank you all so much for the information.

              Comment


              • #8
                I went to the NDC site, but it states that it is for Chapter 13 payments. I filed Chapter 7 no assets, but it was turned into a BK7 with assets because of the personal injury case. There are no monthly payments being made to the creditors and the only thing to distribute to them would be about $9K after the exemption, reimbursement and the trustee's fees.

                Comment


                • #9
                  I should have paid attention to the fact that you posted in the Chapter 7 area of the forum. Sorry about that. Only the Chapter 7 Panel Trustee would know the status of distributions. Despritfreya has given the best advice.
                  Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                  Status: (Auto) Discharged and Closed! 5/10
                  Visit My BKForum Blog: justbroke's Blog


                  I am not an attorney. Any advice provided is not legal advice.

                  Comment

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