Legal Question in Bankruptcy in New Jersey

Bankruptcy Discharge

Good Day,

I had a bankruptcy over 4 years ago, which was supposed to close last September. There was a discrepency with the trusty, who claims I still owe over $1000.00. I paid the chapter 11 fees according plan, never missing a payment nor ever paying late. My lawyers agreed that I paid according to plan and shouldn't have to pay anymore.

I requested, from my trusty in writing, that he sends me a statement showing all money received and all creditors. He refused and told me to contact my attorneys.

Now they want to amend the bankruptsy, and close it as is, notifing all the creditors, non of which are federal.

My question is, since they can't reach many of the creditors,who gets the money already received by the trusty? Some goes to the lawyers and the trusty, but their is well over$20,000.00 remaining.

My attorneys haven't answered that question,can I file a complaint against them and the trusty?

ThankYou for your time


Asked on 9/05/03, 9:15 am

1 Answer from Attorneys
Rafael Gomez Rafael Gomez, Attorney at Law, P.C.

Re: Bankruptcy Discharge

The money goes only to those creditors who filed a valid proof of claim. creditors who don't file a proof of claim withing the time frame allowed don't get paid. Check with your lawyers to determine if all the creditors filed valid proofs of claim.

If by filing a complaint against the trustee and your lawyers, you mean a lawsuit. Hold on. First file a complaint with the United States Trustee. The office is located in the district where you filed your case. If you have a complaint against your lawyers, first get an opinion from the bar association. It is not uncommon for bankruptcy plans to require amendment.

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Answered on 9/05/03, 11:17 am


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