Trustee Info Needed

[Minnymouth]

Am I allowed to contact the Trustee regarding my Chapter 7 that possibly will turn into a 13. Am presently in Chapter 7 and need questions answered that my lawyer is just sitting on "waiting".......

Lawyer can't answer my questions because he doesn't "know" what the Trustee is going to do regarding "unperfected title" on home.

Trustee is only one who can answer these questions. Am I allowed to send a letter to the Trustee?

[HRx]

Am I allowed to contact the Trustee regarding my Chapter 7 that possibly will turn into a 13. Am presently in Chapter 7 and need questions answered that my lawyer is just sitting on "waiting".......

Lawyer can't answer my questions because he doesn't "know" what the Trustee is going to do regarding "unperfected title" on home.

Trustee is only one who can answer these questions. Am I allowed to send a letter to the Trustee?

You'd be better off letting your attorney do the job you're paying him/her to do. But if you decide to take matters into your own hands, notify your attorney of this beforehand.

Good Luck!

[robivi3]

The Trustee ain't your buddy !!!!!!!

Sometimes you may think your Attorney is "just sitting". There is a protocol to all of this. I went through a long Chapter 7. Contacting the Trustee without the consent of your attorney is BAD. First of he probably won't talk to you, since he is generally allowed to speak to you only with counsel present. This man is not your friend, nor is he impartial, nor is he a Federal Employee. He is likely a well educated, well heeled Attorney with his own firm.

If you are a case with assets he is looking for money. He gets 20% up to a certain cieling, then 15%, etc... A case in which he can snoop out say $5000.00 will net him one thousand. I have read several articles in which my trustee stated that smaller cases help defray office expenses. Trustees are more and more scrutining small asset cases for anything they can get.

If you feel your Attorney is not acting in your best interest you may wish to consult another Attorney. It is likely that he is waiting for protocol to take its course.

If you think he is your friend, wait until your in front of his Attorney! that's right, the Judge will alow him to hire an Attorney and you could pay for it!!

This was my Trustee

http://www.kapilatrustee.com

You'll note the "Assets for Sale" section since so many people in this forum talk about the "impartiality" of the Trustee. This mans job is FIND hidden assts and take what he can.

[Minnymouth]

Trustee Wins Again!!

Ky - Trustee definetely has dollar signs in his eyes. But does he not have "limitations" also?? Is he allowed to "do" as he damm well pleases, and answer to no-one? Where is the impartial party here??? Is there not a judge? Even the creditors are basically getting screwed in my case. The only one coming out smelling like a rose is the Trustee!!!
Under circumstances of an unknown unperfected title (which greatly benefits the Trustee's pocket), I feel the judge should be ruling here......not the Trustee. The judge should be looking at all the circumstances and making the final decisions, not the Trustee.
Because of the unknown unperfected title, I have been forced from a Chapter 7 to a 13. My lawyer tells me not to claim certain income much needed to prove to the court I can make the payments under Chapter 13.
If the Trustee does not agree that I can afford a 13 I still loose all the way around.
I am being penalized extremely heavy over a unperfected title I knew nothing about and I also feel that my lawyer should have checked something as important as a lien - before he filed my Chapter 7. Now my only option is Chapter 13 if I can afford it.
Now my home is being re-appraised for full market value and if I can afford it -I GET TO BUY IT ALL OVER AGAIN ( I have lost $20,000 downpayment, $15,000 worth of improvements, and 7 years of payments on it) Kind of getting screwed over aren't I???
All over a unperfected title know one even knew about!!!! A CLERICAL ERROR!
Feel like I've been screwed by the Mortgage Company, Title Company, my lawyer, Trustee and the court system.....
and I have done nothing except file bankruptcy which took me 3 years to decide to do. My debts were not frivulous debts, they were from taking care of a elderly parent at home for 4 years. I have been paying on all of them for the last 7 years and real heavy the last 3 years. Then I got sick and everything got behind. Creditors would not work with me - wanted cash in full upfront. So no choice but bankruptcy.
Bankruptcy is not a "fresh start" for me - it has turned into a "nightmare and wipeout" situation.
Am 56 - too old to start over again. My life, and future retirement, is going down the tubes because of someone's "clerical error".
I am devastated.
Am I not being unduly "victimized" - shown no consideration whatsoever?
I'm not trying to screw anybody out of anything (never have) - I would like to work out a way the creditors can get paid what they have coming - all of it.
Only one benefiting here is the Trustee..........creditors might get 10% if their lucky.
All I get is the clothes on my back. Where is my "fair shake" in all this?
Thanks for listening.

[robivi3]

Todd's advice needed

This is definitely Todd's venue as I'm just a struggling user of the forum also.

I know how you feel to a point, my experience with the vulture was bad enough... I think your Trustee is heartless, they have to be... What you've stated is pretty much what the Judge should hear, and your attorney, word for word, in his office, not over the phone. Your Attorney should be able to get some kind of hearing. My attorney was good enough to tell me that our Judge had lost a child so please do not my bring children to the hearing. The judges are human, they have issues to and may be in a position to be debtor sympathetic at times... I would not explain my situation to the trustee without my attorney present. At our depo I got into a heated discussion over our car values, my Attorney advised me how to handle the man but i also let him know that I was not going down without a fight, my attorney also did VERY well on my behalf at the depo.

I know it doesn't help much, but God Bless, I WILL keep you in thoughts and prayers

[Minnymouth]

Talk to the Judge

KY
Thanks Robiv13 for your input. Yes, I also think very soon its time for the judge to interven or at least listen to both sides. Am waiting on appraisal now to see how much I have to pay to get my home back. If I can not afford it in a Chapter 13, I WILL request a hearing with the judge present. I do not feel that the Trustee should have the total power to do as he wishes, no questions asked. Especially since he has a big "financial status" in the whole thing.
All I'm asking for is a "fair shake" and the Trustee is showing no mercy whatsoever. He is out for lining his own pocket no matter what.
If I can afford to keep my home under Chapter 13, I will do it that way. Then I intend to follow suit against the bank and against the title company for all the "grief" they have caused me for the last 6 months for their clerical error. The suit would help buy my home back from the court. Have been told I can file against them under "lender negligence". These are professional people who failed to do their job and have cause me a great deal of grief besides me having to file bankruptcy.
I would have worked 3 jobs to keep from loosing my home and not claimed bankruptcy had I even dreamed something like this would happen, but I was TOTALLY ASSURED UNDER CHAPTER 7 I WOULD NOT LOOSE MY HOME.....
WELL, SURPRISE, I AM....
When you hire a lawyer who deals in bankruptcy, you assume he takes enough initiative to at least check out something as important as a lien against property before he signs his name to the papers and files them. This mine did not do. He has poorly represented me so far, but I will give him the benefit of the doubt for right now.
But I also feel that "right is right and wrong is wrong" and I feel that the Trustee is out for himself only - with no regards for anyone else - no matter what the circumstances involved are. That's where I feel that a judge needs to interven and hear whats going on before he rules on any of it.
I feel that I should have "the right" to speak to the judge in a hearing or in court as I am the one loosing everything.
Will keep you posted on whats happening and how it is going down later on.
If you find any more info, or discuss this with anyone else, please ask them to post their opinion for me.
Thanks a lot,
Minnymouth in KY