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Do trustees negotiate?

Trenton, FL |

I want to file bankruptcy but I have an issue regarding a transfer since I paid back a relative. My aunt had paid for my parent's funeral so when I got some life insurance money I paid her back plus a bit extra because she had been helping me with other bills. If the trustee decides the 9500 was a transfer and I cannot argue that at least part was an expense tho technically a transfer, and I don't want my relative involved, is there a chance he would negotiate with me to pay directly a somewhat smaller amount or is there likely no possibility of that?

Attorney Answers 4

Posted

You have asked this question before and the answer is the same.

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5 comments

Asker

Posted

I was asking now about the negotiation part. No need t be rude.

Ray Choudhry

Ray Choudhry

Posted

Rudeness not intended. Trustees are always willing to negotiate. However, this is one case where your aunt may have valid arguments to ward off the Trustee. This assumes the Trustee will follow up.

Asker

Posted

What could she tell him that I can't? I have the copy of the paid bill that shows it was HER name and paid it. And I have the check I wrote of course. I want to argue that part was at least an unintended expense tho technically a loan but if the trustee doesn't agree I wondered if he would negotiate. Thanks for listening. I hear some people say they are "hardass", pardon the language, and some that say they can be reasonable and can negotiate.

Ray Choudhry

Ray Choudhry

Posted

After you file, it will be strictly between the Trustee and the aunt. You might be needed as a witness. The Trustee will get all the documentation directly from the aunt.

Asker

Posted

See, I want to avoid her being involved at all if possible. I am not allowed to provide it? And another thing, I can understand the perspective of trying to get the most back for the creditors but if debtors have rights, don't the relatives have rights too? What are THEIR rights if any?

Posted

Maybe yes, maybe no. It depends on the trustee. I STRONGLY suggest you hire a bankruptcy attorney to handle your case. It is too complex for you. Timing when you file is VERY important. Good luck.

Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662. Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 26 years, specializing in family law, bankruptcy, estate planning and probate. Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.

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Posted

Your question has many avenues that make it impossible to allow for a yes or no answer. For instance when did this happen? Instead of guessing the answer, you really need an attorney. Most Bankruptcy attorneys will give you free consultation. You can find many attorney's on Avvo in your area.

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Posted

If you have not filed yet then why not wait out the preference period, which is one year for relatives?

Posting questions anonymously and receiving general answers do not substitute for consulting with an attorney licensed to practice in the jurisdiction in which you live. Answers posted here by Kevin C Gleason are only intended for general education of the public on legal matters. Please consult a qualified professional before deciding what to do about your situation.

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10 comments

Asker

Posted

I would but I think Citibank will file a suit before the period ends.

Kevin Christopher Gleason

Kevin Christopher Gleason

Posted

And If you were under the guidance of a qualified professional, they would say, So What?

Asker

Posted

It is not just a short time. I would need to wait til May I guess since this happened last April.

Kevin Christopher Gleason

Kevin Christopher Gleason

Posted

So what? Just wait.

Asker

Posted

It scares me that tho I am not working now, and I think my house is safe they could still try to take my car. It is not fancy or something but it is important to me.

Kevin Christopher Gleason

Kevin Christopher Gleason

Posted

There are many steps between now and the car being taken away. It does not just happen in the middle of the night. Your fear is irrational, like the fear a child has of what is under the bed.

Asker

Posted

That is reassuring I guess. I just want this over because I have been so stressed too. But I don't want to hurt my relative either. I feel like I am between a rock and a hard place.

Kevin Christopher Gleason

Kevin Christopher Gleason

Posted

Choices have consequences. The only thing one can hope for is to understand those consequences before the decisions are made. You now have all the information needed to make your choice. If I were you, I'd wait.

Asker

Posted

Thank you for listening and advising. I appreciate it.

Kevin Christopher Gleason

Kevin Christopher Gleason

Posted

De Nada. Now give me a 10 point boost by marking my answers and helpful.

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