Switching Trustee?

[herekitty]

Still no word from my lovely lawyer. Here's the situation ...

My papers were filed 8/24, I checked PACER - turns out the Trustee is a partner at one of my debtors law firm, which to me makes her an interested party and means she should have to recuse herself.

My current 341 is on September 26 @ 11:00, the following week I am out of town on business (until Oct 7).

My questions are ...

(1) Am I crazy or is she an interested party? Paralegal says "not really" because she's not his direct attorney, just a partner at the firm.

(2) Can this be rescheduled before hand?

(3) If it can, what happens if it gets scheduled when I'm out of town?

(4) If it doesn't, and I go, will she claim to be an interested party AT the 341 and I'll have to wait an extra month for the 341?

(5) If that's true, does it still mean I'd have to wait an additional 60 days for discharge from the second date?

I'm sorry guys! Just giving myself an ulcer thinking about it!!

[Minnymouth]

Herekitty,
If the Trustee is affiliated in "anyway" with one of your creditors, then he/she "has" to recuse theirselves from the case. Its a conflict of interest..... (the Trustee would be in a postion to hunt for asset to pay his/her own law firm...)

Yes the trustee works for the credtiors, but I don't think the laws intend for the trustee to have a "personal interest" in the creditors firm.........(they are paid by this firm also). Also if your EX works for this creditor and you EX is listed on your petition as a creditor - then the Trustee again has "personal interest" in this particular creditor....(personal friendship).

If this is the case, then YES, your lawyer needs to notify the court of the above circumstances.....so another attorney can be appointed to the case to represent the creditors.

Let me know what you find out,

Minny

[Minnymouth]

You might want HHM or TODD to give you some input on this situation if they will.

Minny

[herekitty]

PLEASE, yes our lovely moderators! I am going crazy ...

Left another message for attorney - first it was he just stepped in and then after explanation, he just stepped out! How lovely for him!

Basic situation with how she is affiliated in a clearer way is ...

Ex paid off his credit card debt, which I was a cosigner on one and an AU on the other. In WI that means you owe 1/2 no matter what. He got an attorney who sent me papers saying I had 30 days to make payment plans or they were going to seek litigation. The next day I talked with my lawyer (the day after I got the papers), the next week I paid him and started the filing process - he assures me that it will all be okay. He files on the 24th, after saying he was going to file on the 16th and his secretary lies and says it was filed on the 17th (Grrr). Anyhow, I check pacer on the 24th after he gives me my case # and find out the Trustee shares a last name with the lawfirm that the ex went to and sent the "or else" papers from. I do a little more research, and yes - she is a partner at the firm.

[HHM]

I think you are over reacting.

Just let the Bankruptcy run its course. I am sure your not the first person to encounter this issue with the trustee as partner of your BK attorney, so if it hasn't caused a problem with BK courts yet, I don't think you have anything to worry about. (although objectively speaking, I do think there would be a conflict of interest between the trustee and the debtor attorney if they were affiliated with the same law firm).

[herekitty]

Thanks HHM

Just to clarify - my attorney doesn't have the affiliation, it's my ex's attorney who works for the law firm the Trustee is a partner in.

I know you're right - I really do. I just feel like this attorney is blowing me off big time! At all our meetings he has said, "call with any questions" and only once has he called me back.

Okay, I'm going to try not to worry - but I'm definetely having a martini tonight to help out!

[Minnymouth]

YEP, CHEERS to tha martini......need one myself today....

Talked to MY lawyer a minute ago - still no news - when I said "I haven't heard from you in a month, he said - "no reason to call - no news". I've heard that for 14 months now and "it's getting OLD"....

The Trustee in my case must be absolutely buried under in 341's.... cause he sure doesn't have time for anything else....

You think YOUR NERVES ARE SHOT - MINE ARE DESTROYED!!!!

It's going to take a LOT of MARTINI'S to get me thru this!!

Get the pitcher out Herekitty, I'm joinin' ya!!!

Minny

[herekitty]

I've got some great recipes thanks to bartending! I can whip up a chocolate martini to die for! Too bad gas is so expensive, I could use a weekend in good old KY!

So here's a question... if you were discharged in Oct 04, wouldn't it be closed no matter what this Oct?? Or can they hold it open longer?

[Minnymouth]

My lawyer said the Trustee could hold the case "open" as long as he sees fit....... now completing month 14.....
We are presently in negotiations so till those are settled - the trustee will keep the "case open" and the bank cannot foreclose on the land issue.....
Everything just stays in "limbo" and has for months.....They sure don't get into any hurry trying to settle things....
This whole bankruptcy has been a real "challenge" to me.....
I've cried, cussed, and had the "urge to kill"........
No matter what I do I'm at the "mercy of the court and trustee" until HE DECIDES what the outcome will be......
SO STILL THE WAITING GAME.........
The only advantage to all of it is "I've lived housepayment free for 14 months now....all I pay is utilities.....
Am in negotiations to "buy back land and house" - land from bank - mobile home from trustee...
Am hoping and praying that "nothing" throws a monkey wrench in the negotiations causing me to "loose it all"...and the trustee taking mobile home to auction..
Trustee suggested a buy back price on the mobile home - we sent an offer back saying "yes", but still no word if it was accepted or not......
The bank has agreed to a price on the buy back of land.....
Technically, I am out of bankruptcy - as of Oct. 2004.....everything else discharged.
But case is "not closed" until the house/land issue is resolved or goes to auction...
I can redeem my home/land cheaper by an "outright buyback" then if it goes to auction....
But Trustee just - KEEPS ME IN LIMBO - WAITING......
Seems like no end to it!!!

HEREKITTY,
I too tended bar in my younger days for 8 years parttime at night after my fulltime job in the daytime...
Tended bar in Dayton, Ohio - a military base, 5 colleges, ... big city... (very interesting time in my life).....
I learned some valuable "lifetime" lessons during that time period and learned a great deal about people....

Yes my Chapter 7 was VERY, VERY UNUSUAL......one in a million I've been told...

So here I sit - with "stinger" in hand to calm my nerves, and I play the WAITING GAME on the Trustee....

HEREKITTY,

You come to Ky anytime you get the "itch"....you will be more than welcome at my home.....

You can sit on the deck with your "chocolate martini" and watch the fireflies in the pasture and watch the deer gazing early in the morning. Very relaxing...

TINROOFRUSTED & ROBIVI3 - that offer is open to you all too.....

I've vented enough this morning, better get to work....

Minny

[herekitty]

Hoping mine will not be the same!

I called the attorney on Thursday and Friday and he has yet to return my call. I figure worst case scenario is I go there and the trustee says she has an invested interest and it gets reschedule for end of October and I just have to wait it out another month - not so good on the nerves but I don't have money to get another attorney so I'll just take the punches. At least there is an automatic stay on my accounts!

[herekitty]

Just as I hit post - my lawyer calls. He said that my trustee is generally very professional and that if she didn't withdrawl, she would most likely just list my case as "no asset" and there shouldn't be a problem. He was going to contact her to see what she thought though. He told me the date would not switch, even if she did withdrawl and to not worry about it.

So that makes me feel pretty good and I can just relax these next four weeks and wait it out! Yeah Thanks for the supportive advice kids!

[hhou812hh]

YEP, CHEERS to tha martini......need one myself today....

Talked to MY lawyer a minute ago - still no news - when I said "I haven't heard from you in a month, he said - "no reason to call - no news". I've heard that for 14 months now and "it's getting OLD"....

The Trustee in my case must be absolutely buried under in 341's.... cause he sure doesn't have time for anything else....

You think YOUR NERVES ARE SHOT - MINE ARE DESTROYED!!!!

It's going to take a LOT of MARTINI'S to get me thru this!!

Get the pitcher out Herekitty, I'm joinin' ya!!!

Minny

I here that! Mr. "Jim Bean" has been a huge help as well as this forum ;)
Hopefully mine will go well or I will be going to an AA forum as well as a Bk forum. LOL

[herekitty]

The three wisemen - Jose, Jim and Jack. Of course I'd add the captain to the mix as well!

[hhou812hh]

The three wisemen - Jose, Jim and Jack. Of course I'd add the captain to the mix as well!

, , .

[Minnymouth]

Oh Yeah !!!

A little bit of the "dog" that bites........can soothe the shattered nerves on a stormy night....

I bet Robivi3 could use a "good shot" about now, after Hurricane Katrina in his area...

Many more "months" of this bankruptcy and I'll be joining AA myself!!!

Here's a "toast" to you both!!

Minny