Legal Question in Bankruptcy in Florida

I am a Pro Se Debtor, Chapter 7 Bankruptcy. I recently received a discharge notice of my Chapter 7 Bankruptcy. I became unemployed 2 years ago and fell into foreclosure and financial ruin. The bank has not taken the home yet. I am still living in the home and have recently received an Order Approving Trustee's Application to Employ Special Counsel. Unfortunately, I do not own anything outright and cannot afford an attorney. I am struggling to survive on my $12.00 per hour paycheck. I told the bankruptcy trustee that my previous spouse of many years ago never paid child support and that he was court ordered to pay, until a Judge in Wisconsin relieved him of this responsibility for his minor child. There was noting I could do to reverse this outcome. An Order was approved in Wisconsin relieving him of his responsibility and I can't imagine why he would not have to support his child. Could you tell me why in a No Asset Case, the trustee would need special counsel?


Asked on 2/15/11, 3:19 am

1 Answer from Attorneys
Sanford M. Martin Sanford M. Martin, P.A.

Under federal bankruptcy law for chapter 7 cases, the Trustee may apply to the Court for appointment of special counsel to assist with a specific legal issue involved in the case. It may be an area of law with which the Trustee is not qualified to address, e.g., patent law, international law, or many others.

In your case, it may be an issue related to your family law legal orders approved by a Wisconsin court. Suggestion: if you have or can obtain a copy of the Trustee's Application to Employ Special Counsel, it should and usually does explain the reason for requesting such Special Counsel and explains the legal issues to be addressed, the compensation to be paid, etc. The fact that your case is a "No Asset Case" does not affect the actions of the Trustee or Court; their responsibility is to justify liquidation of debts and search for any assets which may be available, e.g., in your case an obligation of your previous spouse for child support may require investigation. You may also contact the Trustee for clarification.

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Answered on 2/15/11, 2:10 pm


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