Letter from Trustee

[rt107]

We filed our chapter 7 in Feb 2005 got our discharge in June of 2005 we had to sell our home which we reaffirmed on in Sept 2005 because I finally got a job in another state. At the closing the trustee took the monies over our 15000.00 exemption now we got a t letter from her Thats titled Application by Trustee to act as her own Attorney. What does this mean I can't get my attorney to respond to my calls

[Blue_Tech]

Thats a new one on me. If your lawyer is like mine, you'll have to make an appointment to be able to speak to him/her.

Call first thing on a Monday morning and make an appt. to get actual face time with the lawyer. Now that your BK is discharged, your lawyer probably feels that their services are complete. Especially if only paid $500-$1000 for the BK. Any follow up services or letters of response to matters after the fact are probably going to cost you extra.

[almost_homeless]

From my understanding...when you are discharged....your done! But, i guess each state is different with how things are done.

[bezoar]

Not unusual - I've seen several of these locally when there is actually an estate to be administered. Basically, they're asking the court's permission to be able to bill their time to the estate required to liquidate & distribute any funds available to creditors. They usually include an estimated number of atty-hours and their hourly rate, as well as other expenses that are foreseen. It really shouldn't affect you, but you may want to call your atty, just for reassurance...

[rt107]

Yes you are right call attorney today and he confirmed what I thought. When we sold our home the trustee took 5600.00 that was over our exemption. As we look at letter we see she is charging 200.00 an hour for attorney fees. So we are sure she will have about 20 hours of billable time and will leave alittle for creditors! And they said the bankruptcy system needed revamped maybe the trustee system should be where they start. Sorry if I offened anyone but this woman made us turn over our income tax check when I was out of work and needed it to pay light bill and feed kids. When she was told that her answer was thats not her problem. Thanks for your help

[Minnymouth]

When you are discharged - basically you are done!!! The Trustee however, has to keep your case open long enough to dispense with any assets to the credits and take his expenses out of the assets also.
If you have an asset case, often after you are discharged, you will see petitions for the Trustee to sell property to pay the creditors, and then he files a dispostion with the court stating that he has completed his duties as Trustee and all creditors have been paid (that are supposed to be paid) and he wishes to be releived of his duties. Then you will see where he closes your case with the court.
Lots of things take place after discharge....many that you will not be involved in.....
In an asset case, if there are funds still available after the Trustee pays all parties, then normally this balance will be returned to you.

And yes, Trustee's are "known" to be very unconcerned when it comes to YOUR PROBLEMS.....
They have a job to do and do it without getting involved in your personal life and affairs. Some can be quite "callious".

Minny