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Bankruptcy trustee problem.
Anonymous3 views1 answers
A debtor filed and had discharged a no-asset chapter 7 and failed to schedule a real estate contract as an asset. I, the selling party discovered this later and informed the trustee. The trustee did not move to reopen the bankruptcy. But upon learning that the debtor was suing me for title to this same asset in superior court, the U.S. trustee reopened the bankruptcy and reassigned it to the same trustee who ignored me in the first place. This trustee has done no "administering" in the eight months since. I did complain in writing to the U.S. Trustee but I really feel like neither of them cares to sanction the debtor for this abuse of process. And they certainly don't care about what this is doing to me. What if any other recourses might I have; and against whom?
Contact the bankruptcy trustee who in handling the case. If that does not get any action, contact the U.S. Trustee's office and inquire about how long panel trustee's are allowed to sit on cases. You can also try to "stir up" the litigation involving the real estate contract and even filing something in the bankruptcy court, asking the court to order the trustee to take action or to abandon the asset.
Obviously, the stronger the action that you take against the trustee, the more likely he is to be mad and to go out of his way to be (even more) difficult than he has been. I get the impression that you do not care about that.
One other thing you might do: ask around and see if it is unusual for a trustee not to take action in the time that has elapsed. It could be that there is simply a back log in your area...
