How Do You Get An Accounting from Trustee?

[Tallulah]

Hi!

I filed BK in June '05. It was a HUGE mistake. My only recourse is to sue my lawyer for malpractice.

My house was sold and my business was sold. (The business was a bar. My X never put me on the license per our divorce decree hence my attorney said that I didn't need to list it as an asset. I learned too late that my divorce decree IS an asset.)

My question is, now that all has been sold, how do I get an accounting from the Trustee?

Thanks in advance!

Tallulah

[lrprn]

So sorry to hear about your troubles, Tallulah. Two questions first....I assume you filed Ch 7 since you are in the Ch 7 area....did you? And has your case been discharged or is it still active?

[SinkingFast]

I would think,............ Since assets were involved,............ The Trustee would have performed an Audit at the end of your Case anyway.

Trustees perform Audits of Asset cases. They have to account for monies coming in and going out. What was seized or sold for how much and who all got paid how much.

An accounting from the Trustee might even be available for viewing on PACER. Have you tried looking at your Case on PACER to see what's there??

[Tallulah]

So sorry to hear about your troubles, Tallulah. Two questions first....I assume you filed Ch 7 since you are in the Ch 7 area....did you? And has your case been discharged or is it still active?

Thanks for responding, Irprn!

Yes, I filed a Ch 7. HUGE mistake. I shouldn't have filed for BK at all. My case was discharged in April 2006 but it wasn't over with. The lawyer for the trustee sold my home in 2006. He sold my business last year but the sale wasn't finalized until just last week.

My BK attorney told me that I didn't have to list my half of the business as an asset because, according to her, my X failed to put my name on our business license which was ordered in the divorce decree. Bottom line, filing BK put me in the WORST position possible. It's like I flushed my divorce judgment right down the toilet. My X ended up with everything and I ended up with all the debt. It's been two and a half years of fresh HELL.

I was told by another BK attorney that my only recourse is to sue my lawyer for malpractice.

Tallulah

[Tallulah]

I would think,............ Since assets were involved,............ The Trustee would have performed an Audit at the end of your Case anyway.

Trustees perform Audits of Asset cases. They have to account for monies coming in and going out. What was seized or sold for how much and who all got paid how much.

An accounting from the Trustee might even be available for viewing on PACER. Have you tried looking at your Case on PACER to see what's there??

Thanks for the response, SF!

The lawyer for the Trustee sold my home for about $100K less than it was worth. Prior to that, he ejected me from my half of the business which left me with NO income. He told me to continue paying my mortgage (which was a third business debt) but I had NO JOB, hence, the bank was starting foreclosure proceedings. Big rush to sell my home. My X was of no help at all, of course, since he was in total control of our cash business.

Yes, I've got access to pacer. I'll check it out.

This BK was the biggest mistake of my life.

Tallulah