Legal Question in Bankruptcy in New York

Complaint process against a trustee

I was recently involved with a company bankruptcy process. I was named as one of the defendants as I should have been. It is after that, that there were some blatant improprieties that occurred. To whom would I send a complaint and/or ask for there to be an investigation? Thank you


Asked on 8/23/07, 8:47 am

1 Answer from Attorneys

Nancy Delain Delain Law Office, PLLC

Re: Complaint process against a trustee

Contact the bankruptcy court clerk's office to see what's required for you to get action in this matter. The bankruptcy court may handle it or it may need to get referred to the NY courts, depending on what, specifically, the alleged impropriety was.

Don't be surprised if what seems to you to be a gross impropriety is found to actually be perfectly allowable and ethical behavior on the part of the Trustee. Lawyers' ethics rules are occasionally turned upside-down from what normal people consider correct, right, just, or ethical. You can download a copy of the rules of professional conduct that govern the behavior of all New York State lawyers from www.nysba.org.

Assuming you go forward with your grievance, you certainly need to get an attorney to represent you. Look for an attorney who handles legal malpractice matters. Referrals are available from the New York State Bar Association (www.nysba.org), and may also be available from your local county bar association.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

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Answered on 8/23/07, 11:22 am


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