Order appointing attorney for trustee ???

[miss.ERable]

Why does the trustee need an Attorney ?
What is this about ?

OMG !

[miss.ERable]

First an extension was filed right before the 60 days and I was asked questions about my divorce and the $ I got ( all gone long ago) then I got this letter about trustee being appointed a lawyer. Can someone please tell me what this means ?

[ForumReader]

Please provide a little more information about your case and maybe someone with more experience than I do can pipe in to help answer your question. I don't understand why your trustee was appointed a lawyer with your case. How was your 341?

[justbroke]

The U.S. Trustee usually hires an attorney when there are assets that need to be dealt with in some sort of litigation. Perhaps the Trustee is trying to undue some transfer or something else like that. Without some rather detailed explanation, no telling what they are looking at.

[AngelinaCat]

Our local Trustee hired an attorney to handle affairs in our case regarding an 'insider and preferrential' payment.

So you must be an Asset case with some issues. If you can provide more information, we will be better able to assist......

[HHM]

When the BK trustee hires an attorney, that is not a good sign; that means there are probably assets the trustee is going after.

Do you have an attorney?

[miss.ERable]

I do have an Attorney. I don't have any assets. I am worried because I am married filing, single.
The 341 went fine and my Lawyer has not seemed concerned about anything, I just got this in the mail yesterday.
I really don't have anything he can go after
he filed an extension and asked for more info about my divorce settlement where I was given a "buyout" of the home from my husband on the house.
That money was used for living expenses, needed items I did not have when leaving the home...etc... I had 2 jobs and even then did not have enough to pay the bills. It's all gone but I don't have any records of that.
The difficult issue is that I re-married my ex, I think.

[miss.ERable]

Please tell me what info you need, I don't know what to include for info.

thanks,
K

[justbroke]

I really don't have anything he can go after he filed an extension and asked for more info about my divorce settlement where I was given a "buyout" of the home from my husband on the house...

The difficult issue is that I re-married my ex, I think.

I believe that's the problem. The Trustee must think that you know own "half" the house again. I'd stay in contact with your attorney and figure out exactly what the US Trustee (UST) is after.

The UST definitely thinks there is money to be had somewhere. This doesn't necessarily mean that the UST will win and get some property or money, but they are certainly looking into it.

Please tell me what info you need, I don't know what to include for info

I think what you provided about the buyout and re-marry... is what's getting the UST interested in the property distribution that occurred during your dissolution.

[miss.ERable]

We have 2 mortages on the house which is only in my husbands name, I signed a quick deed in the divorce. The bankruptcy was around $28,000.
Is it common not to be able to talk to your lawyer until Monday-Friday ?

[HHM]

Yep, it is the quick claim that is what the trustee is exploring.

[miss.ERable]

If I did the quick deed with my then ex-husband and we re-married do I then own "half the house" ? Wouldn't it have to be signed back over to me ?

[justbroke]

If I did the quick deed with my then ex-husband and we re-married do I then own "half the house" ? Wouldn't it have to be signed back over to me ?

Not if you're in a community property State. This seems to indicated that there is some interest by the UST in that deed.

Lawyers usually don't answer their clients on the weekends. They need time off too. This isn't an "emergency" so you should probably wait until Monday to hear back from them.

[miss.ERable]

Thanks JustBroke

Thanks JustBroke

Is Indiana such a state ?

yes, lawyers are very deserving of time off ;) I'm just freaking out because she really thought this was going to be a cut and dry case.

I don't want to lose my home.
Oh and ( because the way I phrased the question) do you mean that the home would be half mine again after marriage or not ?

[miss.ERable]

Man, I wish I was better educated

Is Indiana Community property state ? Here is the answer I received:

***No, when it pertains to marital property, Indiana is an "equitable distribution" state.

When it pertains to debts, both spouses have responsibility for debts jointly incurred during the marriage, solely incurred debts are the responsibility of the account holder spouse.***

This appears good news for me as far as the quick deed is concerned, or am I not understanding this ?