Help! Trustee filed motion

Anonymous · ‎01-15-2018

Hi guys i am really worried, hopefully someone here knows what this is.

I got a letter from my ch7 bankruptcy trustee that he filed an "ex parte motion" for employment of his firm as attorneys of the trustee. It is also nunc pro tunc to the date of my 341 meeting.

My attorney says this means he hired an attorney to help him look into the case.

I don't understand? What is there to expect from this? Will this delay my discharge?

Anonymous · ‎01-16-2018

bump.

Anyone personally gone through this? I got another letter today that the court granted the motion to employ himself as an attorney to the trustee

cf2701 · ‎01-16-2018

I have not been through that specifically, but when we filed chapter 7.... we attended the 341 meeting with our attorney and all seemed well, no objections. Then letters started rolling in and they made us convert to a Chapter 13 case. That was nearly 4 years ago and I continue to pay around $800per month rather than just qualifying for Chapter 7 and starting over quickly.

It sounds like they are just taking a harder look at your case. I don’t want to scare you, and I encourage you to talk with your attorney, but that’s never a good thing in my opinion.

Did you have anything extraordinary about your case? Are you near the limit financially, or any other special circumstances?

Anonymous · ‎01-16-2018

@cf2701 wrote:
I have not been through that specifically, but when we filed chapter 7.... we attended the 341 meeting with our attorney and all seemed well, no objections. Then letters started rolling in and they made us convert to a Chapter 13 case. That was nearly 4 years ago and I continue to pay around $800per month rather than just qualifying for Chapter 7 and starting over quickly.

It sounds like they are just taking a harder look at your case. I don’t want to scare you, and I encourage you to talk with your attorney, but that’s never a good thing in my opinion.

Did you have anything extraordinary about your case? Are you near the limit financially, or any other special circumstances?

Wow. The only thing was that i don't qualify for a ch7 by income. I qualified because of the means test. I also recently had an auto accident where my vehicle was a total loss and i received those funds in a settlement. But aside from that, no.

Anonymous · ‎01-16-2018

I have seen the Trustee get excited over auto accidents.

Anonymous · ‎01-16-2018

Did your attorney have any thoughts as to why the trustee (I am assuming you're referring to the Chapter 7 panel trustee, not the United States Trustee) is interested in your case?

If it is because of the settlement you received, I would have a detailed explanation for how much the settlement was for, how it is/was paid out (e.g. lump sum vs. monthly) how those funds were spent, why it was appropriate not to use the funds to pay creditors, etc. Feel free to share here if you'd like to discuss.

Anonymous · ‎01-17-2018

@Anonymous wrote:
Did your attorney have any thoughts as to why the trustee (I am assuming you're referring to the Chapter 7 panel trustee, not the United States Trustee) is interested in your case?

If it is because of the settlement you received, I would have a detailed explanation for how much the settlement was for, how it is/was paid out (e.g. lump sum vs. monthly) how those funds were spent, why it was appropriate not to use the funds to pay creditors, etc. Feel free to share here if you'd like to discuss.

Thank you...

I mean basically i have 2 vehicles. One was a 2005 Nissan Sentra which got totalled in that accident.

I know that attorneys get excited here in Florida because of PIP/BI injury claims in accidents. I was not in the vehicle so it's not like if i had an injury settlement or anything like that though. I was simply the owner of the vehicle and received $4,300. This vehicle was my extra car and being used by my wife for small errands. My other car is a BMW that is being included in bankruptcy. I used the $4,300 towards a new vehicle but the new vehicle was purchased solely in my wife's name because i could not get financing with my credit.

The attorney told me its common here with auto accidents but they have no idea until we actually hear from the trustee

christina35 · ‎02-09-2018

Do you have an update?

Anonymous · ‎02-09-2018

wrote:
Do you have an update?

Hey

Basically the Trustee just had more questions about me so he employed himself to be able to look into the case as an attorney. He basically wanted to know what my cash withdrawals were (rent) and wanted my most recent bank statement.

Good to go though he dismissed himself of duties a couple days after. Just awaiting discharge now

Anonymous · ‎02-09-2018

Glad it wasn’t more dire and easily cleared up!