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socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 33857
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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To SOCRATEASER,Thanks for the answers and some wording that

Resolved Question:

I ASKED FOR SOCARTEASE ONLY - DO NOT OPEN TO OTHER ATTORNEYS


To SOCRATEASER, Thanks for the answers and some wording that I can use. Giving me an example of what to say helps me understand your statements - I just have to apply them to a specific code. The trustee's lawyer is in charge & is retaliating against me for opposing many of his actions. The trustee wants to cause debt in order to have the need to sell and make a percentage on a sale. I am called litigious when I attempt to protect myself. The attorney wants the court to make sure that I cannot file in any other court except the appellate court. This is a gag order so I cannot fight to preserve my estate. I have had to file documents to get notice of hearings in other courts, begged for copies of documents, opposed the trustee giving away valuable assets of my estate in secret mediation hearings that I am not allowed to attend. My rights have been thrown out the window. I am the one who built up my estate but I am not allowed input. I do believe the attorney is ill and is in a rage thus the on going litigation. the Judge has issued many verbal orders to the trustee's attorney but they are ignored. Only written orders are acknowleged. The Judge has not enforced some of his own orders. I file again but am called litigious. I learned too late to ask for an order to be a written order. This attorney & his trustee do not want any funds coming into my estate that are due to me that can be used to get out of Chapter 7 because they would not be able to sell another large property & get another percentage & kick back from a sale. Question: re your last response - Is there any history or case law showing a debtor accusing and /or winning a sanctions motion against a trustee. I had valuable open cases where I was owed some millions of dollars when I was converted to Chapter 7 but all of the cases previously worked on by court appointed attorneys have been thrown out by the trustee's attorney. They are all after a large property (other than my home in Calif) that is worth some millions of dollars that I designed and built - & I believe they will get a back payoff. I had an appraisal of my home where I have liver since the mid 1980's and filed the breakdown of the net proceeds after expenses with the court. There is approximately $22,500.00 left says my accountant. This amount does not include all of the legal fees charged by the trustee's attorney to date attempting to make me homeless and the trustee percentage from a sale. I don't know how to figure the trustee's percentage and what it come off of. Question: Is the trustee's percentage taken from the selling price of $1,200,000.00 or from the net proceeds from a sale? Question: Can I present an offer in court to take a partner on the ownership of my home in order to pay off any net proceeds to stop a sale? I would want the trustee's attorney to abandon the property to me so he can no longer use it as a vehicle to torture me and keep me busy while he files other attacks against me. He would not want to abandon it to me and lose control. He wants total control over me as a single female, a senior without an attorney. Question: Other than the First Amendment - what case law is there for me to cite in repsonse to the trustee's attorney to put a gag order on me - the debtor - who had a solvent case? The Chapter 7 attorney has worked to make it an insolvent case by asking the Court to stop my filings in any other court of law. I was given a print out of case law last year stating why I had the right to speak in my state court action since I had a solvent BK case but the trustee's attorney cited other cases why I did not have the right to speak.

Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 2 years ago.
Question: re your last response - Is there any history or case law showing a debtor accusing and /or winning a sanctions motion against a trustee.

A: The court may remove a Chapter 7 trustee (other than the U.S. Trustee) from a particular case for "cause." 11 USCA § 324(a); Bernard v. Coyne (In re Bernard), 31 F.3d 842, at 845 (9th Cir. Cal. 1994).

Quoting Dye v. Brown (In re AFI Holding, Inc.), 355 B.R. 139 (B.A.P. 9th Cir. 2006):

  • Cause for removal of an appointed panel trustee under § 324(a) is not susceptible to sharp definition, but is determined on a case-by-case, totality-of-circumstances approach, subject to the bankruptcy court's broad discretion.

  • The bankruptcy court did not err in determining that Dye's lack of disinterestedness, as evidenced by having a "materially adverse interest to the interests of the estate or any class of creditors or equity security holders," was cause for her removal. Lack of disinterestedness, as § 324 cause, may also consist of an appearance of impropriety or the trustee's failure to make disclosures of connections, factors which were also properly considered by the bankruptcy court under its totality-of-circumstances approach.


Question: Is the trustee's percentage taken from the selling price of $1,200,000.00 or from the net proceeds from a sale?

A: Trustee compensation (and all other trustee obligations) is explained in the U.S. Trustee Chapter 7 Case Administration Manual. See this link.

Question: Can I present an offer in court to take a partner on the ownership of my home in order to pay off any net proceeds to stop a sale?

A: In Chapter 7, the trustee controls the property of the bankruptcy estate. The trustee can accept an offer from you for anything that he/she believes is in the estate's best interests. If you offer something that you believe is in the estate's best interests, and the trustee refuses, then that would be additional evidence that you could use to request that the court remove the trustee. But, as to bringing a separate motion to force the trustee to accept your offer, then that's not possible, and I can see why the trustee would be arguing with the judge to stay out of the trustee's job role, if this is what's been happening.

Question: Other than the First Amendment - what case law is there for me to cite in response to the trustee's attorney to put a gag order on me - the debtor - who had a solvent case?

A: I can't answer this without more info. What is your bankruptcy case no? And, what is the title of the motion in which the attorney requests that you not be permitted to speak?

I'll review the brief. Note: I cannot do this on a regular basis -- it's too time consuming, and it costs me money to download your pleadings. If you want me to consider this approach in the future, you may want to consider adding at least two zeros to your next bonus. Cool

No pressure, of course.

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socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 33857
Experience: Attorney and Real Estate Broker -- Retired (mostly)
socrateaser and 4 other Bankruptcy Law Specialists are ready to help you
Customer: replied 2 years ago.

I have made no offer to b;uy out any remaing net proceeds from a sale. It has never been brought up.

litigious accusation by trustee's attorney changed to not being allowed to file in any other court of law but Chapter 11 attorney gave me case law stating I had a right since my case was solvent -

In re Fondiller, 707 F 2d. 441-43 (9 Cir. 1983)

Trustee's attorney recently wrote new case law after many months but I don't know how to check if it is accurate. He was presviously caught with the wrong case law on onother matter.

I cannot not scan but I can fax. Are you in Central California.

Expert:  socrateaser replied 2 years ago.
I cannot accept a fax. You can contact customer service and ask if they will accept a fax and forward to me. However, do not fax anything other than documents filed with the bankruptcy court. I cannot accept any confidential communiques.

Hope this helps.
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 33857
Experience: Attorney and Real Estate Broker -- Retired (mostly)
socrateaser and 4 other Bankruptcy Law Specialists are ready to help you

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