adversarial suit

[singintheblues]

Ok. Long details of suit. we ended up getting a refi, to pay trustee. Attorney didn't tell us we couldn't do that with out trustee's permission. so, now the suit. We offered the money to the US trustee's office and they refused. so, took the money and bought a truck to makr money because he told us we were getting our bills back. then the suit was amended because we didn't give the money to the trustee, but offered it to the US trustee. 2 different ppl. our attorney did this. he should have known the difference. so, now our housee is in the hands of the US trustee. Big bummer! had it for 22 yrs. got another attorney went to summery judgement. Judge says he only wants to know if we were taking the money to get a truck and skip, or to give to trustee. well the US trustee prosecuting the case knows if he did or not. He won't say. we have 6 witnesses on our side saying we got the money to give trustee. US trustee still wants to take it to court. cost us 5,000 so far and now our attorney wants 5,000 more. When ppl file BK they have no money. I think the US trustee knows this and is hoping we can't pay so he can get the judgement. Seems getting a judgement is more important then the truth! When I tell our attorney all of this, he gets pissy. Makes me wonder if it's all about the money for the attoney and browny points for the US attorney. so, 10,000 and 2 yrs later, we're no better off. we could have made better deals with the finance companies. so much for a second chance.

[Minnymouth]

Ok, sounds like you stirred up a lot of trouble for yourself by refinancing during the bankruptcy process..........

Why did you hire an attorney if you weren't going to listen to him...... I'm sure he told you not to purchase anything, sell anything, or rock the boat during the bankruptcy process.

You did not specify if you filed a chapter 7 or a chapter 13...... but reading your notes leads me to believe you filed a chapter 7 and the trustee either wanted your home or the equity in it ...... so you took out a loan (refi) to pay the trustee the value of the home so you could keep it.

The Trustee has filed an adversarial suit to take you home to resell and pay the creditors out of the proceeds. Thus either your home is paid for (portion not exempt), or you have a lot of equity in your home. Thus the "seize to sell" from the Trustee.

Most attorneys do not handle adversary complaints as part of your bankruptcy.....they are charged separately for - as the Trustee is suing you.... (check the paperwork you signed), thus this is why you are so upset with your attorney. If this is the case, you do not have just cause to be angry with your attorney............BUT HE SHOULD HAVE ADVISED YOU on what to do about the issue and see if you wanted to pursue the complaint or not.

First you should have contacted your attorney regarding any refi issue. Yes you have to have persmission from the Trustee to DO ANYTHING......they are in control of your LIFE during the bankruptcy process.

Sounds like you did not consult your attorney much, did things behind his back and on your own, and consulted with the US Trustee, Trustee with your attorney doing it for you....????????? Is this the situation????

To begin with sounds like your attorney is a JERK..... especially if he did not tell you WHAT TO DO AND WHAT NOT TO DO during the BK process. This could almost fall under malpractice... Your attorney is supposed to be working (not you) in your best interest. That's why you hired him!!

Sounds like you need to SIT DOWN with you attorney, LISTEN TO HIM, and hopefully he can straighten the situation out before it gets worse. YOU ARE NOT supposed to be contacting Trustees (US Trustee or Trustee -there are two involved in your case).

Your case is in a postion where it can be dismissed, etc. thru your own actions. Thus leaving you in a real financial bind, worse than before.

Have you had your 341 meeting with the Trustee?? Were you surrendering your home or planning on keeping it??

Did your attorney file a Chapter 7 or a Chapter 13???

A little more info would help clarify some things......

Sounds like you have yourself in a nice "mess"........... bankruptcy is not supposed to be this way.......

Keep us posted.

[singintheblues]

Why did you hire an attorney if you weren't going to listen to him...... I'm sure he told you not to purchase anything, sell anything, or rock the boat during the bankruptcy process.


Nope. not at all, as a matter of fact, he gave us the name of a refi agent. and he sent us a letter telling us our BK was discharged and closed. Wish we knew about Pacer at the time....
As far as it shouldn't be in this mess, I agree, so, make sure you get a good attorney, and if you have assets, ask alot of questions, and if he gets upset, tell him or her they're fired it's your butt not theirs because if they mane a mistake, YOU pay for it...NOT them.

we got a new attorney. Unfortunately, we lost the adversarial suit. but we still get our homestead.($40,000). lesson learned here, adversarial suits are preponderance of the evidence weighed, so it's very subjective. I know what that means and if I's have known that, I wouldn't have wasted 10,000 in attorny fees. funny they don't tell you those things up front., Maybe attorneys should be paid on contengecies... But getting our home gack was the major part. I think the judge decided to give us our home back and let us fight with the creditors...

so, the big question is, does anyone know of anyone who can negotiate with our creditors and reaffirm at a lower rate? Haven't looked at the list that was submitted, but that's what our attorney indicated. if we can get 30 cents or lower on the dollar, the trustee has 24,000 banked. we owe 80,000 and that would take care of it. besides, we don't have any wages to attach, and we still have our homestead, so it would behove them to settle, and then life can go on again...thanks for reading.

if anyone has any questions, just ask. we learned alot. unfortunately, it is all in hindsight...