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socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 33914
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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High assets chapter 7 case,the Trustee states, That I, Debtor,

Customer Question

High assets chapter 7 case,the Trustee states, That I, Debtor, was present at the 341a meeting , Trustee further states that I got a Discharge that is proof that I was at the 341a meeting.

I was never even informed of 341a meeting by anyone, I was not present. I checked Minutes of meeting on Pacer, My then attorney was present but not me.

Trustee states that a discharge means that I, Debtor was present at the 341a meeting, , What is the link between Discharge and 341a meeting? Did Trustee breaks any laws for not having informed me, the Debtor, of the 341a meeting? What I need to do to prove that I was not present, that the Trustee broke , such and such, laws by proceeding with the case when I was not even informed of 341a meeting.
Does the responsibility lies with my then attorney to inform me and to see that I am present? If so, is my then attorney responsible? Or both my attorney and the Chapter 7 Trustee responsible. Please quote laws that governs 341a meeting, I intend to file a complaint and may be a Motion after answers . Is the US Trustee also responsible to make sure that I , Debtor, must attend 341a meeting. If so, why the US trustee not stop or took action against the chapter 7 Trustee? Did US Trustee broke laws,which laws?
I am right to state that I did not attend the 341a meeting and was never informed by anyone,then in this case can i go for a Mis-trial , meaning that a new trial must be ordered,as Chapter 7 trustee is at fault?
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 1 year ago.
What is the link between Discharge and 341a meeting?

A: Failure of the debtor to attend a 341 meeting is grounds for the trustee to request a dismissal of the bankruptcy petition. The dismissal, however, is not required. The decision is up to the local bankruptcy court rules. In some districts, the dismissal is automatic -- in others, the court will automatically set a hearing and require the debtor to attend and show good cause as to why the bankruptcy petition should not be discharged.

Did Trustee breaks any laws for not having informed me, the Debtor, of the 341a meeting?

A: The court clerk is responsible for providing notice the meeting of creditors. Fed R. Bankr. P. 2002. The trustee may have committed perjury by declaring that you were present at the creditor's meeting.

What I need to do to prove that I was not present, that the Trustee broke , such and such, laws by proceeding with the case when I was not even informed of 341a meeting.

A: You could contact the U.S. Trustee's Office and file a complaint. But, you risk having your entire bankruptcy set aside and dismissed for your failure to attend. I understand that you claim to not have received notice, but the court may not believe you, so this may be a risky bet on your part.

Does the responsibility lies with my then attorney to inform me and to see that I am present? If so, is my then attorney responsible?

A: If you had an attorney, then it would have been his/her responsibility to ensure your attendance.

I am right to state that I did not attend the 341a meeting and was never informed by anyone,then in this case can i go for a Mis-trial , meaning that a new trial must be ordered,as Chapter 7 trustee is at fault?

A: You're right that the court could dismiss your case, or reopen it and order a new 341 meeting. And, the court could sanction the trustee and/or your attorney. And, if that were to occur, you could have a malpractice action against your attorney. But, not against the trustee, because the trustee is not responsible for your attendance at the meeting.

I'm not sure what you're trying to accomplish here, but it seems to me that you may be about to create a huge problem for yourself, because your entire bankruptcy could be dismissed and you could be left at the mercy of your creditors with no right to file a new Chapter 7.

Hope this helps.
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 33914
Experience: Attorney and Real Estate Broker -- Retired (mostly)
socrateaser and 3 other Bankruptcy Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you, XXXXX XXXXX reply. Since this case is old 1999, all 5 properties are sold by Chapter 7 Trustee, all secured and Un-secured creditors are paid 100%. But I did not get anything out of it , Zero to me, Debtor.


I am trying to prove that trustee is at fault, and as a pro-se have been successful in getting a Surcharge of $98,000/. against the Trustee, Trustee paid $98,000 in penalties and interest to IRS, Surcharge ordered by District Court, I receive all that $98,000/.as everyone is p[aid 100%.


I filed a Motion that all paid 100% except Students loan. That is being deducted from my Social Security Retirement Benefits.I also raised the issue that I was never informed of 341meeting and that Trustee misappropriated estate funds by paying $98,000 in interest and penalties to IRS.


Trustee replied that I was present at the 341a meeting and that I did get a Discharge also.


Eeverything is sold and all secured and un-secured loans are satisfied at100% , and Trustee have submitted his final accounting, approved by court and by US Trustee.


This is high assets case,I lost a bundle by court converting my chapter 13 to chapter 7. Trustee took everything , sold and paid himself highly.


If I prove that Trustee should have my presence at the 341a meeting and He did not, He have bad intentions from the start of the case , to keep me out, as I had to move to Sharjah, UAE to seek low cost of living.


I need to force my way and prove that Trustee at fault, and then sue him for damages also.I can't get in any trouble as Trustee sold everything that I had, everyone is paid in full. Except me, at Zero. and to top off, trustee left Students loan unpaid to be deducted from my Social Security Benefits. The Students loan was declared in my filing originally .and the creditor had also filed a claim for Students Loan.


 


 


 

Expert:  socrateaser replied 1 year ago.
I don't think that your absence at the 341 meeting would give you grounds for additional damages, because, even if you had attended the meeting, that wouldn't have changed what the trustee did with your property. Your recourse under federal law has already been satisfied by the district court's surcharging the trustee on your behalf.

You could possibly sue the trustee for common law fraud in state court, assuming that the statute of limitations has not already run in the state jurisdiction in which your claim arose. And, you could use the bankruptcy court's surcharge order as evidence of the fraud.

But, your failure to attend the 341 meeting would probably be unnecessary evidence, assuming that you can prove that you were not in attendance. The surcharge order is probably the only evidence that would be required to prove the fraud.

Hope this helps.
Customer: replied 1 year ago.

Thank you, XXXXX XXXXX although old,1999, is still open, I have an appeal in District Court for Un-accounted Rents received and collected by the property manager hired by the Trustee.


 


When the statue of limitations will run out? in New Jersey.


 


Should I file and sue the Trustee now or wait till all appeals and Motions are over?


Do I need the bankruptcy court's permission to sue in State court?

Expert:  socrateaser replied 1 year ago.
When the statue of limitations will run out? in New Jersey.

A: Six years from the date that the fraud was actually or reasonably should have been discovered. N.J.S.A. 2A:14-2.

Should I file and sue the Trustee now or wait till all appeals and Motions are over?

 

A: Frankly, I doubt that it will matter, because I suspect that you will not be able to overcome the discovery rule. Regardless, I would sue as soon as possible.


Do I need the bankruptcy court's permission to sue in State court?

 

A: If the trustee was not removed from your bankruptcy case by the court, then you need the court's permission to sue the trustee, and you would have to file a motion requesting an order granting that permission.

 

Hope this helps.

Customer: replied 1 year ago.

Thank you. So, I do need an attorney to sue, will you be able to do this for me.I think that your answers were very good and you can do a good job to sue Trustee.If willing let us discuss this in details. My contact details are:


XXXXX@XXXXXX.XXX.

Expert:  socrateaser replied 1 year ago.
I'm very flattered by your interest, but I'm retired, and not taking cases at this time. You can sue without a lawyer, but it's usually better to have one. For a competent referral in New Jersey, see this link.

Please let me know if I can be of further assistance.
Customer: replied 1 year ago.

Thank you, I will need your help. and if you can direct me , how and where to sue and on my way to handle discovery , as i lack this very important part of law suit.

Expert:  socrateaser replied 1 year ago.
Please open a new Q&A session for your new question, and I will be happy to try to help you further. Put my userid ("To Socrateaser") at the beginning of your new question, and the system will send me an alert.

Best wishes.

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