Legal Question in Bankruptcy in Georgia

I am in month 68 of what was to be a 60 month chapter 13. The trustee will not move to secure my discharge because they have an overpayment dispute with one of my creditors. this creditor was paid off 6/2012- had the trustee been doing monthly account balancing this issue would have been solved 3 years ago. They hold a balance of several thousand over our base plan. My lawyer seems to have little or not interest in challenging the trustee over the delay. What are my options?

Asked on 8/29/15, 9:41 am

1 Answer from Attorneys

Charles Andersen Charles Andersen, Atty

The trustee is a central officer of the court with standing before the court, that exceeds that of any lawyer. Generally your lawyer's obligation for his fee does not include super managing the administrative duties of the trustee.

First you should make sure that you're accounting is absolutely correct, and, you should be prepared to pay your lawyer substantial extra fee's for his services to bring this matter before the court. The additional fee's may be able to be paid under the plan, but this would further extend your plan.

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Answered on 8/29/15, 3:41 pm

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