Can trustee require current financials - 18 months post discharge (Chap 7)

[Resigned2BK]

The Trustee SHOULD NOT be attempting to sell the property short. The Trustee's job is to liquidate assets for the benefit of the unsecured creditors. If there is no recovery for the unsecured creditors the Trustee SHOULD abandon the property. Period, end of story. Further, the Trustee has the authority to do what needs to be done to effectuate a sale. The Trustee is selling the estate's property NOT the debtor's property, and, since the lender does not have to agree to a short sale, it is the Trustee's job (not yours) to try to cut a deal.

I would tell my client NOT TO give any information as it relates to a short sale. My client would have surrendered the property and if some realtor wants to make a few bucks, that realtor needs to do it WITHOUT having my clients doing any work, UNLESS there is a guarantee that my clients would be receiving compensation, say, no less than $5k, for their time and effort - and that $$ would have to be paid up front.

If the Trustee insists you cooperate you should file an Application to Abandon the property and get the matter before the Judge. Let the Trustee explain why he wants to liquidate property that is of "inconsequential value and burdensome to the estate" just so that he and his good buddy, the realtor, make some $$. This is garbage and, as you can tell, has pissed me off. Wish I was your attorney.

Des.

Hey, this is pretty funny! I was running a search on Des's quote about inconsequential value and this particular thread and forum in general were alluded to at this bankruptcy blog.

http://www.fileyourbankruptcy.org/trustees-and-being-a-trusted-member-of-the-bankruptcy-system.html

They don't link back here at all but clearly they took Des's statements verbatim and made up a whole blog posting about it.