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A CAR ACCIDENT PERSONAL INJURY INS. CLAIM WAS PENDING WHEN

I FILED FOR CHAPTER 7...
A CAR ACCIDENT PERSONAL INJURY INS. CLAIM WAS PENDING WHEN I FILED FOR CHAPTER 7 LAST YR. AS A RESULT THE BANKRUPTCY TRUSTEE HIRED HER OWN ATTORNEY TO SETTLE THE CLAIM WITH THE DEFENDENTS & INSURERS. I RECEIVED A SETTLEMENT AGREEMENT IN THE MAIL STATING THAT I AM THE CLIENT OF THE TRUSTEE'S ATTORNEY (WHICH IS NOT THE CASE). THE PROPOSED SETTLEMENT STATES THAT IF I DO NOT ACCEPT THE OFFER THEN I CAN BE SUBJECT TO REIMBURSING THE DEFENDENT'S LEGAL FEES SHOULD THEY WIN THE CASE. ANY HARM IF I SIGN
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Answered in 1 hour by:
6/16/2012
Mark
Mark, Attorney
Category: Bankruptcy Law
Satisfied Customers: 541
Experience: 14 years, real estate, tax, bankruptcy, debt resolution, and criminal law
Verified
I would call and ask the trustee. Are these the attorney's that the trustee hired sending you the letter?
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Customer reply replied 5 years ago

I already have confirmed that the attorney who sent me the settlement offer belongs to the Trustee. My concern is the wording below my signature space identifies me as the clinet of the trustee's attorney. Shall I cross out the reference made to "client" and write in "Chapter 7 debtor"?

It probably does not matter. Do you have an attorney representing you in the bankruptcy? The attorney and trustee is representing the bankruptcy estate which is a part of your bankruptcy. You can. The attorney is really working for the trustee who represents the unsecured creditors. If you have an attorney representing you in the bankruptcy, then maybe he should review the document before you sign.
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Customer reply replied 5 years ago

I am satisfied with your reply. Your advice is just what I planned to do from the beginning. Nothing more, nothing less.

I will opt out and let another expert answer.
Mark
Mark, Attorney
Category: Bankruptcy Law
Satisfied Customers: 541
Experience: 14 years, real estate, tax, bankruptcy, debt resolution, and criminal law
Verified
Mark and 87 other Bankruptcy Law Specialists are ready to help you
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Mark
Mark
Mark, Attorney
Category: Bankruptcy Law
Satisfied Customers: 541
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Experience: 14 years, real estate, tax, bankruptcy, debt resolution, and criminal law

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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