Can anyone suggest how or to whom; such as a federal overseeing authority; I might appeal to for help with a 'difficult' Bankruptcy Trustee? I feel as though I'd 'drawn' the Trustee from Hell! I eventually discovered that Trustees make their money ['paid/compensated'] by selling assets a petitioner has.[Commission!] In my case I had NO outstanding unpaid debts, creditors or anyone claiming they were owed, & no collection agencies were chasing me. I filed because I had a whole bunch of LUDICRIOUS errors and mistakes on my credit report I had worked on correcting for over a year. I needed a CLEAN credit report to qualify for leasing a unit & the complex' guidelines allowed Bankruptcy as an alternative, so I hired and paid a Bankruptcy attonrey & filed Chapter 7. A few months later, I received a DISCHARGE, but the Trustee RETAINED authority over the assets. When my attorney & I had met with the Trustee shortly after filing, the Trustee reviewed everything including my short list of assets & flat out volunteerd that he had NO interest whatever in the vacant property. He obviously later changed his mind! #1: I would expect there to be a record/transcription of meetings, but only the three of us met. #2: I would expect whatever a Trustee says would be final, dependable & DEFINITE. #3: For a Trustee to change his mind LATER with no new information or a formal hearing the Petitioner attends. SHOULD BE illegal.
Two years later, the Trustee filed a Notice of Interest; [complete ownership[?] on the vacant property, which I owned clear & had paid taxes on since the 1950s.
Interestingly enough; the time frame is QUESTIONABLE! He recorded the Notice several weeks PRIOR to his Motion requesting permission to file, and weeks PRIOR to the Court's granting him authority; according to dates on motions, Notice & other documents I later reviewed.
In mid-02 my attorney had attended the hearing the Trustee had requested to ask the Court's permission to record a Notice of Interest on the property. No provision was made for who would pay taxes, etc. or how long this 'Interest'could continue. [FOREVER?? AND in the meantime, in order to protect MY interest; assuming I HAD ANY; I must [and DID] CONTINUE PAYING THE TAXES??? WEIRD!] aFTER THE HEARING MY ATTONRY send me a letter advising me the Trustee had been ALLOWED 'retain an interest in the property', but my attorney's sense was that I was free to pretty much do whatever I wished to and he would forward me a copy of the order when he received it. I never received a copy of the order or anything else from the Court to indicate my authority to act was in any way LIMITED or restricted or any document or advisement to the effect the Trustee HAD recorded an interest or now had a secured interest & authority over the property, or that I wasn't free to sell if I chose to. In 2004 an interested buyer contacted me with an appealing net offer; at which time I explained the situation as I knew it & I agreed to sell. THEN, during the Title search, I discovered the Trustee had recorded a Notice of Interest two years earlier; in 2002 that I had never been advised of. BINGO! I was INSTANTLY 'out of the loop' & to date haven't even received a copy of closing papers! The Trustee [he's a senior partner in the law firm , too] h & HIS attorneys [he heads the law firm, by the way... conflict of interest?] handled everything from that point. So far as I've discovered, he has personally pocketed the net sale proceeds of $20,000 [less $1500. I received from the court]. Remember there were NO creditors I'm aware of; existed or could ever have filed a claim! None I wasnever advised of. The BANKRUPTCY CODE states the Trustees is entitled to receive compensation; a specific percentage of a sold-asset. In this case, that would have been around $600. ~ Nothing CLOSE to 'compensation' he apparantly has been 'paid' from my property. Given what I've discovered, this all seems HIGHLY suspect & irregular if NOT TOTALLY illegal & a 'sanctioned' method of RAPE AND PILLAGE! The obvious first step toward a possible remedy & resolution is to learn how, to whom & where to appeal & find whether I can require this situation to be first thoroughly reviewed without having to hire yet more attorneys at my expense; which I'm NOT prepared to do; & then hopefully appropriately finalized. And by the way, my bankruptcy attorney recently died & my file is somewhere in storage. Must I pay a fee to get my file? Letters I've written to the Judge, Trustee, et al are never answered. Any thoughts?
It would have been HELPFUL I'd known credit reporting agencies DO NOT share their information! It's not enough to clear things up with ONE!
