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Mark
Mark, Attorney
Category: Bankruptcy Law
Satisfied Customers: 541
Experience:  14 years, real estate, tax, bankruptcy, debt resolution, and criminal law
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A CAR ACCIDENT PERSONAL INJURY INS. CLAIM WAS PENDING WHEN

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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
I would call and ask the trustee. Are these the attorney's that the trustee hired sending you the letter?
Customer: 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.
Customer: 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.
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