Legal Question in Bankruptcy in New York

trustee may be over stepping limits

I filed for capter 7 in 2002 was granted discharge may of 2003.the trustee did not object to any thing nor did anyone else.after the fact the trustee questioned tax return we supplied our attorney's with copies from the start which were prepared by a cpa.we average $5000 a year in return.$ 1500 was listed and we received a return of $10000 he has a right to question however in my tax returns there is a attachment of the last five years returns.my attorney say's he's pissed you lied I told them to call him and tell him it's a typo by your office.they stated they take no responsibility at all i was not happy with that answer. the trustee started to ask for all kinds of documents again we supplied them.i asked my attorney can he due this the reply was he's using a method to get your records now it's over a year the case is still open i did some research i dont know if this is correct but it stated he should have filed paper work with the federal govt. to have the tax refund sent to him.the lawyer and the trustee found the mistake after the discharge not my problem they were supplied from the start with the correct info. due i have any recourse i dont understand why the lawyer has not made any motions nor has the trustee .


Asked on 2/11/04, 2:00 am

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: trustee may be over stepping limits

The reason your lawyer has not made any motions is unclear to me. The time period of one year seems excessive to me as well.

If this is, in fact, a typo by his office it seems easy to rectify. The difference between 1,500 and 10,000 is not so large as to invalidate everything that has come before.

Someone must take responsibility in this matter.

You may ask your attorney to file a motion to require the trustee to make a report within a set period of time. 3 months is typical, but the time can be longer if the case is complex.

You are welcome to a consultation for no fee at my offices at 42 west 44th street, NY,NY. Please call for an appointment first (646) 591-5786.

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Answered on 2/11/04, 5:47 pm


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