Legal Question in Bankruptcy in Indiana

Re: Question on Bankruptcy Trustee Actions

Your question is a little confusing, but probably not as confusing as this answer. Big splash bankruptcy cases, particularly those involving fraud, are inherently confusing. First, a bankruptcy trustee does not have authority to set aside liens or make other determinations about third party property rights without a court order or the stipulated consent of the affected party. Absent consent, the trustee has to file a complaint and get a judge to agree that he is entitled to what he wants. For example, the Chapter 11 trustee for United Airlines had to decide which payments made by the bankrupt airline during the "preference" period preceding the filing date *90 days or one year, depending on the facts) should be challenged. So there is a winnowing process at that point, deciding if payments or other distributions qualify as preferential and are worth chasing. The trustee in your case may have been doing something like that, but I can't tell from your question. I can't understand how your mortgage, and your obligations to pay under tha mortgage, could be involved without more information. You should make an appointment with a local attorney to go over the documents and other information you have. Call your local bar association and ask for a referral to someone with experience in creditor rights and bankruptcy. If you have a claim against the bankrupt debtor for fraud, there are strictly enforced deadlines for when you can file a complaint to determine that the claim is not dischargeable. Good luck.

Re: Question on Bankruptcy Trustee Actions

Chuck

The Tauer case is a nightmare for folks like you. I have represented several parties in the case. You need to retain counsel asap

John Bator

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