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Can we contact trustee directly??

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    #1

    Can we contact trustee directly??

    We chose an attorney from a refferal (friend) who had an excellent recomendation. We interviewed one other personally and called several. Our first visit to the office gave us cause for concern because the office is in complete disaray but our friends told us they were better organized than they appear. One attorney, one para...thats it.
    We had to discover, through a routine follow up call, that after a considerable period of time the paralegal was not ready to file and then had to make major corrections to the documents at signing.
    Our attorney was blindsided by trustee reactions at the creditors meeting and seemed ill prepared. Since the meeting, 7-2,they were to contact the trustee and discuss with us the results.
    I have left numerous messages and can never get anyone to answer the phone at the office. I am trying to not be a pain in the @#$%@ but I am concerned about the quality of our case.

    At what point can we, or should we, contact the trustees office directly?
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    #2
    I'd contact the trustee now and, file a complaint with the bar association.

    Comment

      #3
      I would also contact the trustees office.
      Sometimes life make you deal with ugly and hateful people ,just think of them as sand paper. They may scratch you and rub you the wrong way but eventually you end up smooth and polished and the sand paper becomes old and worn out.

      Comment

        #4
        RE: Can we contact Trustee if e-mail is avaliable

        I have not only the address and telephone number, but on Pacer they give my trustees e-mail address as well and I wondered if I could contact him this way and is it appropriate?

        It seems that as organized as I was, I used addresses from my recent credit report for Schedule F to contact creditors that I filed bankruptcy and after checking and double checking all my paperwork, I second guessed myself and thought that maybe I should have used the payment mailing addresses for Schedule F as a delivery point for the bankruptcy 341 meeting information from the court. What do you guys think I should do now? My meeting is scheduled for Aug-28-07 at 1:30 downtown

        Comment

          #5
          No do not use pmt address because most companies ONLY accept pmts at that address and discard any other written corospondence they get. They usually have a seperate address for things like this. And if you must change the address of any of the creditors just simply fill out the change of address form at the court house you dont have to ammend the schedules for that.
          Sometimes life make you deal with ugly and hateful people ,just think of them as sand paper. They may scratch you and rub you the wrong way but eventually you end up smooth and polished and the sand paper becomes old and worn out.

          Comment

            #6
            Our attny listed the payment mailing address. The "Other Correspondence" address. And, the address given on our Credit Reports.

            I asked why so many contacts for the same Creditor. Our attny said he wanted to avoid the "We didn't get notified" argument/defense.

            As far as contacting the Trustee directly,............ That's a tricky area. It's kinda like skipping a link in the chain of command. Like going behind your bosses back to speak with the bosses' boss about a problem you're having.

            Your attny might get offended and be really prickly to deal with. The Trustee's Office may refer you back to your attny.

            It's a tough call either way you go.
            Filed Ch 7 - 09/06
            Discharged - 12/2006
            Officially Declared No Asset - 03/2007
            Closed - 04/2007

            I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

            Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

            Comment

              #7
              If the attorney isn't doing their job, I would say call, it is your case that you have to protect and their mistake that can ruin eveything. As stated many times this is business, you have to look out for yourself. If the attorney is not returning calls after their mistake are you suppose to wait until your case is ruin to find out. What you could do is call your attorney one more time and let them know if you don't hear from them you have no choice but to call the trustee. If the trustee tries to refer you back to your attorney tell your trustee what is going on, basically, you have not heard back from your attorney and is there anything they need from you.

              It is funny how the attorney can get offended if you call the trustee after you paid them a lot of money but you can't get offended if they make mistakes and don't return your calls and if your case gets dismissed because of their fault they most likely will not refund your money, Again, this is business and you have to look out for number one.
              Success is reachable, stretch out your arm and grab it.

              Comment

                #8
                You're right, Fresh. It is business.

                And any one of our BK's is just that. It's our BK. Not our attnys. Not our Trustee's. It's ours.

                But the attny/Trustee dynamic is such that simply stepping up to the plate to "rescue" your BK "Pro Se" could actually land you, the Filer, in a deeper pile of Pooh.

                The BK Community generally is small and close knit. One attny does not fart that the others don't know about it.

                If a Debtor/Filer goes messing with their own case behind their attny's back,......... Could be no other BK attny in town will step in to mop up the mess. As in "officially" firing the current attny and trying to retain a new one.

                And if you're in deep now, with legal representation,........ This may not be the time to go Pro Se trying to rescue your own BK. You gotta remember,.......... While we do learn a lot researching for our own cases,........... We don't know all the Code. Or how it's applied in our particular Courts.

                In trying to fix the mess the paid attny created, the Debtor/Filer could actually create a bigger mess. Both politically and legally.
                Filed Ch 7 - 09/06
                Discharged - 12/2006
                Officially Declared No Asset - 03/2007
                Closed - 04/2007

                I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

                Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

                Comment

                  #9
                  I was going to ask the same question about contacting the trustee. My lawyer did the means test wrong and I would like to ask the trustee if we could amend it to be right and if they would look at it again. I think its a fat chance.

                  Comment

                    #10
                    I am not saying go pro se, but at least call the lawyer office one more time and tell them if you don't hear from them you will call the trustee, that way you are giving the lawyer a heads up. Or can't she fire the horrible lawyer and hire another one??? but then that is more money. This is one reason I went pro se and found a paralegal with 13 years experience and she knows all the codes. I was too broke for mistakes some lawyers can make, not all, just some. I am sure if she has to go pro se (not sure it is wise at this point) she can find out what codes mean, she will have to do research but it isn't hidden, their are so many resources for pro se filers, you would believe...You know the saying "if you seek you will find" LOL.

                    But I would agree, if this case gets worse and you had the money you may want to find another lawyer.
                    Success is reachable, stretch out your arm and grab it.

                    Comment

                      #11
                      Client-priviledge relationship... Money talks...

                      Comment

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