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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2597
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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Hello, I filed for bankruptcy in 2003 which was discharged

Customer Question

I filed for bankruptcy in 2003 which was discharged in 2004. I had refinanced the house prior to bankruptcy in order to try to get ahead. No such luck.
My house was exempt since it was underwater and had no value. I reaffirmed my mortgage and continued payments until the house was foreclosed on in 2006.

In 2010 I was contacted by a law firm that was seeking parties to a class action suit against unfair lending practices regarding my 2004 refinance. In 2011 the firm reached a settlement on behalf of over 1000 participants because the refinances were illegally handled, then sold to US Bank who knew what they were buying. I was told I was to receive a check for 19,000 - the interest, fees, etc that I had paid on the mortgage.

Out of the blue swoops the replacement trustee (the original trustee for my bankruptcy passed away 1 year ago) This trustee has the check made out to himself as trustee for me and me, jointly. Now he has petitioned the bankruptcy court to "allow me" to keep half of the settlement.

The settlement (asset) did not exist until after 2010. Long after the house was foreclosed, the bankruptcy discharged, etc. I have contacted my original bankruptcy lawyer, but he seems to be unaware of how to proceed.

I feel I am being duped out of half of a settlement by a recently assigned trustee who claims in his motion to compromise that I assisted him in filling out the claim forms for the settlement - (never happened) and that I was served with a copy of the motion which has a very limited time to respond - I only received a copy of the motion because my bankruptcy lawyer's assistant sent me a copy. I never saw the original motion. I never agreed to anything, I don't even know who this trustee is since I live in Massachusetts and my bankruptcy was discharged 8 years ago in Missouri....

Any advice?
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  Fran-mod replied 3 years ago.
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