Is it permisable/advisable for me to contact a bankruptcy trustee directly?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 8 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption