Legal Question in Bankruptcy in California

Re: Chapter 13 BK Trustee Abuse of Power & Lack of Ethics

If you have any attorney, talk to him or her right away. If you don't have one, then get one.

There is obviously a discrepancy somewhere. If the trustee had a record of all the payments you would have your discharge. Get ana accounting of payments from the trustee and gather your proof of payment. You might be able show the trustee that he/she is in error and the motionn could be taken off calendar.

Although the rules will very based on local custom and practice, the application for dismissal most likely becomes automatic if you do not contact the court to get a hearing date. Most bankruptcy courts have mandatory forms that must completed in order to get a hearing.

At the hearing, you can show the court why you believe the trustee is wrong. The bottom line, however, is that you really need to consult a local attorney for further assistance.