I paid my lawyer but now the trustee is asking for fee. I did not agree to pay a trustee I assumed he was paid by the court. Is this legal?

The trustee is holding up my bankruptcy saying that there was a fee.  I did not sign or did not agree to a fee for the trustee.  They tried to ask for my tax return but I gave them proof of other bill payments that I made now he want to put me on a payment plan with the threat of getting my bankruptcy denied.

Asked on May 29, 2009 under Bankruptcy Law, Indiana

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The trustee is not paid by a court.  This is part of your bankruptcy.  Trustees can be paid partly from your filing fee paid to the court. Then based on what is in the estate, they get paid a certain amount above that or a small some if nothing left in the estate.

Didn't your lawyer explain all of this to you? If not, file a complaint against your attorney with the Indiana State Bar.


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