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What does this document mean?

  • Thread starter Thread starter sdaens
  • Start date Start date

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S

sdaens

Guest
I'm in Tennessee. I just got something in the mail today from an attorney, and I can't figure out what it is. It's a 3 page document regarding my bankruptcy, which I filed last year. The heading is "Application of Trustee to Employ Attorney To Represent the Trustee". The first part of it reads "The trustee was duly appointed as trustee for the above-styled estate and duly qualified. The trustee requests approval of of the employement of ***(lawyer's name), to represent the Trustee in the above-styled case. The trustee anticipates that the services said attorney may render include, filing appropriate pleadings, appearance in bankruptcy court on behalf of the trustee." It appears that a trustee has hired an attorney about my case, but does this mean something is being filed against me? I called my attorney, but he's out of town and his assistant doesn't know what this means. I called the attorney who sent it to me, but he said he can't discuss it with me. I asked if this means there's a problem with my bankruptcy, but he said anything he says to me would be considered "legal advice" so he can't talk with me. Now I'm really getting worried that this might mean something bad! My attorney won't be back till sometime next week, and I am so anxious over this I know I'll be a nervous wreck all weekend if I don't find out what this is, or at least find out whether or not I'm in trouble for something! Does anyone here have any idea what this is?
 


HomeGuru

Senior Member
Ask the Trustee directly.
It appears that there is some sort of litigation with respect to your BK and that the Trustee needs to hire legal counsel.
 
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sdaens

Guest
The Trustee and the Attorney are one and the same person. He is asking the court to be the Attorney on my case so he can file stuff in court. He refuses to tell me what this document is that he sent me.
 

HomeGuru

Senior Member
You are totally incorrect. The Trustee represents the BK Court and would have a conflict of interest to personally represent you as your attorney.
 
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sdaens

Guest
The first line of the document says, "David Rogers, Trustee, respectfully represents the followintg to the Court. 1. The Trustee was duly appointed as Trustee for the above-styled estate and duly qualified. 2. The Trustee requests approval of the employment of David Rogers to represent the Trustee in the above-styled case."

The document is signed "David Rogers, Attorney for Trustee". On my original bankruptcy forms from last year, the Trustee is also listed as David Rogers. So this is one and the same person.
 
S

sdaens

Guest
It looks like there's a little misunderstanding. This guy is not wanting to represent ME. I don't know what this document is supposed to be. The name of it is "Application of Trustee to Employ Attorney To Represent the Trustee". It is asking the court to accept him as the Attorney. But what I want to know is, why? Why a year after my discharge, is he now wanting to be the attorney for the creditors. Does this mean he is getting ready to file some kind of claim against me for my creditors? Doesn't a discharge mean they can no longer file claims against me, or do they have the right to file claims on my forever? I thought any objections had to be filed before the discharge, not a year after.
 

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