Legal Question in Bankruptcy in California

trustee will not object to my claim

I filed my claim for $3800 of unpaid invoices with the bankruptcy trustee. When she made no mention of my claim in her Notice to Distribute Estate I called her office and was told my claim was no good because it was filed late. I had to pay to file an objection to her Notice which was sustained and my claim was allowed as a priority claim. At this same hearing the Trustee objected twice to my claim. First based on the creditor named and then based on the debtor named. I was forced to argue against both objections and (luckily) won. She told the judge she still intended to object to my claim and asked if she could distribute all administrative claims ($61,000 she submitted in fees) pending her objection to my claim which she said she would file within a week. The judge allowed this, so she paid herself. Four months later I called to ask her when she was planning on filing her objection to my claim. She said because of economic difficulties her office was under staffed and she did not know when she could get to it and that she saw no urgency since no other claims could be paid until my claim was settled. What can I do? I am not a lawyer and can�t afford any more filings to fight for this money earned over four years ago.


Asked on 12/10/08, 1:52 pm

1 Answer from Attorneys

L.A. BK Atty Leon Bayer Bayer, Wishman & Leotta

Re: trustee will not object to my claim

I am very impressed with your lawyering skills! You have done a great job.

I suggest that you call the trustee every week. Be polite but persitant. Hopefully the trustee will get so tired of you that the trustee will cut the checks and close the case sooner than wanted to!

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Answered on 12/10/08, 3:10 pm


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