Question Trustee search of debtor's residenc

[Barney028]

Trustee feels that I under valued residence in a Chapter 7 filed in early a month ago. I get a call yesterday from a realtor lady saying she has been requested by the trustee to evaluate my residence.

I'll just bypass all of the discussion about their breaking attorney client relationship about contacting me and not my attorney first.

Realtor lady says she "wants to come by and see residence for an evaluation (appraisal?) and I want to make some pictures".

I am taking the position that she can make all of the outside pictures that she wants to make but absolutely CANNOT make pictures inside my home.

My position is that if the trustee himself wanted to come inside my home he would have to state a reason (probable cause) to the Bankruptcy Judge and get a search warrant to enter my home. Not eaasy to do from what I've read online.

My position regarding realtor lady making pictures of the inside of my home is that this would constitute a constructive search of the inside of my home by the trustee since she is an agent representative of the trustee an undoubtedly would turn pictures over to him.

I get the sense that my attorney feels like I am making a mountain out of a molehill. I do not feel giving up my 4th amendment rights is a molehill.

What say you? Does allowing interior pictures constitute consent to a search by the trustee without probable cause and securing a warrant?

[Faust]

It's a bk not a criminal case. Since you filed I'm sure it is their right. Sorry to say.

[DeadManCrawling]

The moment you filed, your stuff becme property of the BK estate, except exemptions. The have the right, in the BK code, to come and inspect not only the outside of the house, but everything in it, your bank accounts, safes, deposit boxes, the trunk of your car, everything.

Constitutional rights no longer apply in the way most would think.

Refusing their request could and probably will end up with you getting even greater scrutiny and an order to appraise everything you own.

I would be careful in how you respond.

Good luck with this,

-dmc

[justbroke]

What say you? Does allowing interior pictures constitute consent to a search by the trustee without probable cause and securing a warrant?

As stated, everything that you think you own... now belongs to your Bankruptcy Estate and the Executor is the Trustee! They control everything until your property revests back to you, which is usually upon discharge or the Trustee abandoning the property. There is no need for a search warrant at all. This is not a criminal case, and you signed on the dotted line.

So, I'm sorry that you don't understand what you just signed up for, but it's "technically" not your home right now. It's your Bankruptcy Estate's home.

However, the Trustee isn't just going to come knocking on your door. They will schedule an appointment if they want to audit your interior contents. This just sounds like an appraisal of the home itself not the contents. If you fail to comply, the Trustee need only ask the Judge for an Order to Compel. This is not a search warrant. Failure to comply with the Court's Order would be civil contempt and that is punishable in several ways... but let's not even go there.

What are you afraid of? Any person who listed everything on their petition to the best of the knowledge and belief, has nothing to worry about.

What you feel about "agents" of the United States Trustee and turning over pictures, just doesn't happen... unless you have some illegal operation going and you're expecting some sort of criminal prosecution.

Do you have an attorney? If so, I'd be talking with them about this... not us.

[keepmine]

[justbroke]

The court in Bursztyn, along with the court in Barman, both noted a diminished expectation of privacy for the debtor in the eyes of the law, based on the fact that the debtor has essentially relinquished his or her assets to the estate.

Exactly what I'm talking about.

[anime-chicka]

A post like this makes me wonder if you have something to hide. If you were honest in all that you listed, then you should have nothing to fear. If the trustee feels that your dongles are worth more than stated, but then sees that said dongles are literally falling apart, then there really isn't a problem.

You also sound a lot like my husband when I filed (separately). He had some Star Trek collectibles and he also collects comics, things he's paid a lot for and spent thousands on over the years (and a lot collected years before I met him). Since they're his property and not mine, there was no issue; nothing of his was ever listed in the final paperwork when it came right down to it. 75% of everything in our house is his, either by what he bought before I met him or what his dad left him before he moved to Florida. My FIL even wrote out a statement that the items were well over 20 years old and probably not worth more than $200 at a garage sale.