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Guest
What is the name of your state? Idaho
My Chapter 7 bankruptcy discharged 11/13/02, no assests.
In 10/94, almost 9 years ago, I filed a discrimination complaint against my employer, the federal government. An investigation to be completed in 180 days was drug out until 6/99, when it went dead pending decision from the EEOC. I had heard nothing in over 3 years
When I filed bankruptcy in 7/02. I told my attorney about this and was told there was no need to report it. from so long ago. I asked twice more seeing questions about possible future sources of money and was told the same.
5/30/03, without any notice, the EEOC handed down a decision on my case, found in my favor and awarded a settlement.
The trustee is reopening the estate and has filed a motion to employ my eeo attorney to represent me on this issue on a contingency basis of 33 1/3 of the net proceeds plus expenses. He states he considers my attorney to be a disinterested party. I was originally told that the trustee would employ my attorney for the services of providing him with information about the eeo case.
My attorney and I had agreed that he would continue to represent me on an hourly basis as it would only take a couple hours of actual work to provide the trustee the information. Now my attorney has changed his mind with this new offer and advised me he could not represent me on the bankruptcy issue as it would be a conflict of interest. Isn't it a conflict of interest for him to be paid by the trustee to take away the money that he had represented me to receive.
I do not feel it would be appropriate or in my best interest for this attorney to pose as my counsel while being paid by the trustee. He is certainly not a disinterested party under these terms.
Okay, enough of that, questions.
Can this bankruptcy be reopened, I guess so, the judge has already approved it. The motion to reopen indicated that the debtor will receive a settlement from an undisclosed personal injury claim allowing distribtion to unsecured creditors. I never expected to get any of this money. Nine years is a long time to maintain any kind of hope. And my bankruptcy attorney said I didn't need to report it. Did I do wrong?
Best I can determine you have to report any income that occurs within 6 months after the 341 hearing. Because of my concern of it being misunderstood if it came up later, after discussing with my eeo attorney, I initiated contact with the trustee's office to report this surprise settlement. He's stating my attorney reported it to him, providing proof in documents. I would have given him the same documents had he simply returned my calls. In regards to the 6 month rule, they say the problem is that I didn't disclose the case when I filed. Again I was told by the bankruptcy attorney that I didn't have to.
Did I falsify my bankruptcy as they're inferring? Can they take away this money that was for damages caused by illegal discrimination by my federal manager and then so poorly handled by the system. By all arms of the law this settlement should have been made in April of 1995, if the 180 day deadline had been complied with. It was the expenses of fighting this legal battle that depleted all my savings and most of my IRAs and put me in a disparent situation.
Off the soap box. What's your thoughts? I only have til 7/14 to oppose the trustee hiring my eeo attorney to represent me in an attempt to take away the money that he fought to get for me. That in itself sounds conflicting.
What are my legal rights to retaining this settlement?
Sorry I was so long, it's in my nature. Anyone know if there's a required format for this letter to oppose. I kinda don't have anyone on my side at this point, and I'm running out of time!!.
My Chapter 7 bankruptcy discharged 11/13/02, no assests.
In 10/94, almost 9 years ago, I filed a discrimination complaint against my employer, the federal government. An investigation to be completed in 180 days was drug out until 6/99, when it went dead pending decision from the EEOC. I had heard nothing in over 3 years
When I filed bankruptcy in 7/02. I told my attorney about this and was told there was no need to report it. from so long ago. I asked twice more seeing questions about possible future sources of money and was told the same.
5/30/03, without any notice, the EEOC handed down a decision on my case, found in my favor and awarded a settlement.
The trustee is reopening the estate and has filed a motion to employ my eeo attorney to represent me on this issue on a contingency basis of 33 1/3 of the net proceeds plus expenses. He states he considers my attorney to be a disinterested party. I was originally told that the trustee would employ my attorney for the services of providing him with information about the eeo case.
My attorney and I had agreed that he would continue to represent me on an hourly basis as it would only take a couple hours of actual work to provide the trustee the information. Now my attorney has changed his mind with this new offer and advised me he could not represent me on the bankruptcy issue as it would be a conflict of interest. Isn't it a conflict of interest for him to be paid by the trustee to take away the money that he had represented me to receive.
I do not feel it would be appropriate or in my best interest for this attorney to pose as my counsel while being paid by the trustee. He is certainly not a disinterested party under these terms.
Okay, enough of that, questions.
Can this bankruptcy be reopened, I guess so, the judge has already approved it. The motion to reopen indicated that the debtor will receive a settlement from an undisclosed personal injury claim allowing distribtion to unsecured creditors. I never expected to get any of this money. Nine years is a long time to maintain any kind of hope. And my bankruptcy attorney said I didn't need to report it. Did I do wrong?
Best I can determine you have to report any income that occurs within 6 months after the 341 hearing. Because of my concern of it being misunderstood if it came up later, after discussing with my eeo attorney, I initiated contact with the trustee's office to report this surprise settlement. He's stating my attorney reported it to him, providing proof in documents. I would have given him the same documents had he simply returned my calls. In regards to the 6 month rule, they say the problem is that I didn't disclose the case when I filed. Again I was told by the bankruptcy attorney that I didn't have to.
Did I falsify my bankruptcy as they're inferring? Can they take away this money that was for damages caused by illegal discrimination by my federal manager and then so poorly handled by the system. By all arms of the law this settlement should have been made in April of 1995, if the 180 day deadline had been complied with. It was the expenses of fighting this legal battle that depleted all my savings and most of my IRAs and put me in a disparent situation.
Off the soap box. What's your thoughts? I only have til 7/14 to oppose the trustee hiring my eeo attorney to represent me in an attempt to take away the money that he fought to get for me. That in itself sounds conflicting.
What are my legal rights to retaining this settlement?
Sorry I was so long, it's in my nature. Anyone know if there's a required format for this letter to oppose. I kinda don't have anyone on my side at this point, and I'm running out of time!!.
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