Is it permisable/advisable for me to contact a bankruptcy trustee directly?
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Is it permisable/advisable for me to contact a bankruptcy trustee directly?
I recently reached an agreement for a personal injury settlement. Due to the time of the injury my bankruptcy trustee has these funds. A motion has been passed to pay out my personal injury attorney and remaining medical bills but another motion is required before my personal exemption claim can be paid out. My bankruptcy attorney hasn’t responded to an e-mail in months. It is permissable/advisable for me to reach out to the trustee simply to ask when this motion will take place?
Asked on August 29, 2012 under Bankruptcy Law, Washington
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
While I can surely understand how you feel here, even if you do contact the trustee directly you may not get a response. Although in the past Trustees have indeed contacted the debtor directly even if they have been reporesented by counsel, if the Trustee is a lawyer themselves the contact could be deemed a violation of the Code Of Ethics and they could get in to trouble. So the trend has been that the trustee will not respond if they themselves are an attorney. WHat I would do is to send your attorney a letter by certified mail return receipt requested asking for an immediate response to your questions. I would no longer correspond by e-mail. If your attorney does not respond promptly to the letter think about discharging him. You can also go to the bankruptcy court yourself and check what is going on. Good luck.
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