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How To Light A Fire under the trustee chp 7

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  • How To Light A Fire under the trustee chp 7

    Ok so here is the long and short of it..

    So I am technically a creditor in a bankruptcy involving my sister.

    Here is the long.. My mother died back in 2005 my sister was the benifactor of the life insurance policy since she was the executor of the estate..

    My mother had only gotten the life insurance 6 motnhs before her death so AIG decided they would contest it..

    Long story short we have been fighting with AIG for years. My sister in the mean time has had health problems of her own and at only 39 she is a hurting unit so she could no longer work her husband is a carpenter and couldnt make enough money to pay all thier bills..

    So she filed for chapter 7 she qualified and low and behold halfway through AIG decided they would pay the 100K policy..

    Now my sisters lawyer has gotten paid his 33k and what was left was 66k so my brother and I filed for 22k each.

    But the trustee is taking forever she wont return any phone calls or emails. she hired an accountant on october 18th and the courts ok'd it on the 28th of october.

    Now they already have all her assets for like 6 months now. But not a single payout what the hell can the trustee be waiting for can it really take an accountant 3 months to figure out how to dispurse 66 k to 8 creditors.

    To add insult to injury my sister wanted to cancel the bankruptcy when she found out AIG was paying out but the trustee wouldnt let her. she had enough money to pay off all the creditors but they would not let the bankruptcy end without letting it ride out..

    So now here it is almost a year into all this crap and no one can help me..

    Who do I call, Do Trustees have supervisors? Should I hire an Lawyer in her state to help represent me. Unlike visa or the gas company i have never dealt with a BK and hopefully never have to again after this.

    Any help you give we be great sorry for this post being so long.


  • #2
    LOL. Welcome to the world of the trustee. Basically, there isn't much you can do.

    As for who oversees the BK Trustee's, that would be the U.S. Trustee. I suppose you can try calling them and writing a letter.


    • #3

      Like everything else, Figures the trustee would continue to be lazy.. Not to mention this woman is all over the place hiring this person and that person. They even hired my sisters lawyer as special council so he can make even more money then the 33k he already got..

      The all suck.. But im sure some are better then others. Next she will wait till spring for when my sister files her taxes.. Honestly im ok with waiting but my brother has lost his job and if he doesnt get that money soon he will be in the same boat she was a year ago..

      Either way i think the process is entirely way to long. does that 66k gain interest over the time its been sitting in the trustees care?


      • #4
        I will add to this that you can't "cancel" or otherwise voluntarily dismiss a Chapter 7. Sure, you can ask and try... but when there is money on the table... it isn't going to happen.

        Your sister, since it's her Bankruptcy, by and through her lawyer, can do some Motions to Compel to light a fire, but that won't guarantee anything.
        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.


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