Direct Contact with BK Trustee

[ApresMoi]

The below says:

"When a debtor files for bankruptcy, the debtor’s assets becomes the bankruptcy estate, and is under the legal control of the trustee while the case is open. The debtor may not sell, transfer, or dispose of any property without the permission of the trustee. However, unless the property is valuable and is not exempt under bankruptcy law, the trustee will generally have no interest in it, and the debtor can do what he pleases with it."

Do I have to go through my law firm to make this request (to sell something), or can I do this directly with the Trustee? The last time I spoke to the law firm (not about this, but about another matter) they sent me a letter informing me that it was their job to contact the Trustee on my behalf.

I 'hired' them to represent me. I get that. Does that preclude me from acting on my own? I believe if they do any work at all, it's at the rate of $375 per hour. I don't need someone to make a phone call (and relay the message to me) at that rate.

Btw, the below link also has good info on how the BK Trustee gets paid (table showing commissions)...

http://thismatter.com/money/credit/bankruptcy/bankruptcy_trustee.htm

[newbie2]

The last time I spoke to the law firm (not about this, but about another matter) they sent me a letter informing me that it was their job to contact the Trustee on my behalf.

I 'hired' them to represent me. I get that. Does that preclude me from acting on my own? I believe if they do any work at all, it's at the rate of $375 per hour. I don't need someone to make a phone call (and relay the message to me) at that rate.

Btw, the below link also has good info on how the BK Trustee gets paid (table showing commissions)...

http://thismatter.com/money/credit/b...cy_trustee.htm

Please listen to your attorney. If you start going around the around to save a bit of $$ it could cost you in the long run. Mis-communication happens when there are too many cooks in the kitchen.

[HHM]

what is it you are looking to sell?

I am willing to bet if you try to contact the trustee, the trustees office will simply tell you to have your attorney contact them.

The problem with what your asking is that the trustee would actually have to go to the effort to file an abandonment of property with court. So, unless there is a good reason, it is not likely the trustee will go out of this way to do that.

To answer your question...can you contact the trustee, sure. Will you accomplish anything by doing so, maybe, but not likely.

[StartingOver08]

ApresMoi, didn't you have your Ch 7 341 already? Has your Trustee filed the notice of no assets/abandonment in your case yet?

[momofthree]

If you want to sell something your attorney has to submit a motion to the trustee to approve it and then the judge has to sign off on it as well. It took us approx 2 months to get approval from the trustee and court to sell our truck, and the motion that the attorney prepared and that I had to sign was extremely detailed. I don't think it's something you can really do on your own. And if you're already past your 341, it would probably just be best to wait for discharge at this point.

[ApresMoi]

Great advice everyone, thank you all.

Yes, I had my 341 a few weeks ago, and the trustee posted on PACER that I am a no asset case.

I had no idea that getting approval would be this complicated. Or that I could make the effort and (likely) wind up back where I started. So, no, I won't even start down that road.

Work is spotty, so I was thinking this might be a good time to get rid of a few things I don't want anyway. I guess not!

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If you want to sell something your attorney has to submit a motion to the trustee to approve it and then the judge has to sign off on it as well. It took us approx 2 months to get approval from the trustee and court to sell our truck, and the motion that the attorney prepared and that I had to sign was extremely detailed. I don't think it's something you can really do on your own. And if you're already past your 341, it would probably just be best to wait for discharge at this point.

[StartingOver08]

As soon as you get your discharge you can sell your items. You are very close to discharge now since it is usually 60 days from the date of your 341.

[ApresMoi]

Thank you. As of tomorrow, 41 days and counting!

As soon as you get your discharge you can sell your items. You are very close to discharge now since it is usually 60 days from the date of your 341.