QUESTION
Do I have a case that will allow me to seek legal compensation?
Asked on Jun 12th, 2013 on Bankruptcy - Delaware
More details to this question:
In 2004, I filed for personal bankruptcy through a trustee named Bill McCulloch. I told McCulloch that I had $13K coming from my mother's estate. The trustees of her estate (Dennis Bayrak & Roger Thompson), to this day-- now 2013, have still not given myself or my siblings the final audit/accounting of the estate which would show where all the funds of the estate were dispersed. This audit of fund dispersal would show that I did NOT receive the $13,000.00 I was expecting; which was to go to Bill McCulloch. He refused to let me out of bankruptcy or to go down to the court to discharge me because he -insisted- that he needed the paperwork from Thompson and Bayrak to verify that I did NOT receive $13,000.00 from my mother's estate. To compound the problem, Roger and Dennis claimed that they were waiting for government clearance to finish up the estate. This has been ongoing and we have yet to receive this paperwork. (cont.d)
1 ANSWER
Bankruptcy Attorney serving Burbank, CA
Partner at
Law Office of Mark J. Markus
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Your facts are a bit confusing. Are you saying the Bill McCulloch is representing you as your attorney, or that he is the Trustee in the case that you filed? You don't file bankruptcy "through a trustee" so that's what I don't understand.
If you had the right to receive anything from your mother's estate, then that is an asset which must be listed on your bankruptcy schedules and, if not exempted, belongs to the Trustee in your case. Period.
This shouldn't affect your discharge, however, unless someone brought a complaint objecting to your discharge.
Sounds like you should hire an attorney (if you don't already have one) to look at all this and see if there's anything that can be done to expedite the discharge. A lot may depend on the local practice in your jurisdiction.
Mark Markus has been practicing exclusively bankruptcy law in California since 1991. He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization, AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.
Answered on Jun 12th, 2013 at 7:28 PM