Home > Research Legal Advice > Bankruptcy / Chapter 7 > I filed for BK Sept 09 and won a personal injury case shortly thereafter...
Asked over 2 years ago - Studio City, CA
Flagmoney. We fought to retain most of the settlement due to financial hardship. The Court ruled in our favor March 2010 except will have to pay for the trustee's fees. The trustee told my attorney that he would file the paperwork in April. It is now November. Our financial hardship is becoming dire. My attorney just send emails to the trustees with to follow up. This is very frustrating. How long can the trustee hold on to the money? Is there a [legal] time frame that a trustee must submit paperwork for a case? Is the money is a trust gaining interest?
With the bad ecomony, most Chapter 7 Trustees are totally slammed with work and are trying to keep their head above the massive amounts of paperwork that needs to be done.
Sometimes, it is necessary to apply to the Court for an order to require the Trustee to move things along. This can be an uncomfortable move for a bankruptcy attorney to make, as we often rely on keeping a courteous relationship with the trustees to make our other cases go smoothly. Still, sometimes you gotta do what you gotta do!
An other option might be to submit a written complaint to the office of the US Trustee, with a copy to this panel Trustee. The US Trustee asks as a supervisor to the work of the panel Trustee & this might trigger some action.
Good luck!
If the court ruled in your favor, then there should be a court order. If the trustee is not following that order, you file for a Show Cause (or hire an attorney to do it). A Show Cause is asking the court to find the trustee in contempt. If the trustee asks, you withdraw the Show Cause. If not, you let him explain what is happening to the court.
The answer also depends on whether the injury happened before or after you filed. If it happened before you filed, was it disclosed? You also have to know whether your states personal injury monies. Talk to your attorney.
[This communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]
With the bad ecomony, most Chapter 7 Trustees are totally slammed with work and are trying to keep their head above the massive amounts of paperwork that needs to be done.
Sometimes, it is necessary to apply to the Court for an order to require the Trustee to move things along. This can be an uncomfortable move for a bankruptcy attorney to make, as we often rely on keeping a courteous relationship with the trustees to make our other cases go smoothly. Still, sometimes you gotta do what you gotta do!
An other option might be to submit a written complaint to the office of the US Trustee, with a copy to this panel Trustee. The US Trustee asks as a supervisor to the work of the panel Trustee & this might trigger some action.
Good luck!
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