QUESTION
If I am granted a Discharge by the Judge do I still have to pay the Trustee the fee he is requesting?
Asked on Feb 03rd, 2014 on Bankruptcy - Colorado
More details to this question:
The Trustee has filed a complaint against me and wants me to pay him a fee amount $293.00 (65 (Discharge ability-other). AP Summons serve due date. What does this mean?
11 ANSWERS
An adversary proceeding that arises after the initiation of the bankruptcy is not subject to the discharge.
Answered on Feb 14th, 2014 at 5:31 AM
2 Awards
It is most likely a turnover of non exempt assets. You still need to pay it to the Trustee even if you got the discharge.
Answered on Feb 10th, 2014 at 11:28 AM
It is very difficult to answer your question without more facts. You should hire an experienced BK attorney and pay him or her for one hour of their time for their recommendation. It would be malpractice for a lawyer to answer a question like this without reviewing the documentation.
Answered on Feb 07th, 2014 at 1:38 PM
Bankruptcy Attorney serving Bloomfield Hills, MI
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Bredow Law PLC
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It sounds like the Trustee may have filed a lawsuit against you in the Bankruptcy Court to declare some, if not all, of your debts to be non-dischargeable. That means that he believes that the debts that are listed in that lawsuit may may still have to be paid, even though you received a discharge. If you do not file a response to his lawsuit, the debts will not be discharged.
Answered on Feb 06th, 2014 at 7:01 PM
The Discharge can be revoked upon application by the Trustee. The Judge does not grant the discharge. Instead, the Discharge is a clerical function, subject to being withdrawn by the Judge if the Debtor does not meet the requirements of bankruptcy laws. If the complaint the trustee has filed was pending at the time your discharge was entered, the discharge does not make the complaint disappear.
Answered on Feb 06th, 2014 at 6:59 PM
2 Awards
Yes you still owe the trustee despite your discharge. Do not ignore the notices and demands from the trustee. Your discharge can be revoked. Contact the trustee and work out a payment plan.
Answered on Feb 06th, 2014 at 12:35 PM
$293 is the filing fee for an AP (adversary proceeding.) If the trustee sued you over some asset during your bankruptcy, he would have had to pay that fee, and he would add it to the value of whatever asset he was pursuing in the AP. So assuming you came to a settlement on the asset in question, he still wants to recover the fee for filing his complaint. If you don't pay it, the court could revoke your discharge, so there is really no way out. If you can't pay it all at once, you can try to negotiate a short payment schedule with the trustee, and you might have to pay some interest for stretching out the repayment. This answer assumes that the trustee prevailed in the AP. If you won in that proceeding, however, and were not required to pay anything, then you could challenge his demand for the fee and the court would likely rule in your favor.
Answered on Feb 06th, 2014 at 12:35 PM
Bankruptcy Law Attorney serving Livingston, NJ
Partner at
Law Office of Stuart M. Nachbar, P.C.
2 Awards
I would just pay it and be done otherwise you are looking at a host of trouble.
Answered on Feb 06th, 2014 at 12:24 PM
Bankruptcy Chapter 7 Attorney serving Fort Collins, CO
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The Salas Law Firm LLC
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Yes. If you do not comply with an order or stipulation your discharge can be revoked.
Answered on Feb 06th, 2014 at 12:05 PM
Regulatory Attorney serving Spokane, WA
Partner at
Deissner Law Office, P.C.
It means you need to pay him. That debt arose post-bankruptcy and is permitted by the Code since he is trustee.
Answered on Feb 04th, 2014 at 9:09 PM
Deborah F. Bowinski
If the trustee has filed an adversary complaint against you then you very likely have more to worry about than that fee. You should consult with a lawyer to be certain you understand exactly what is going on with your case. Without reviewing the documents you received it is impossible to know what they are.
Answered on Feb 04th, 2014 at 9:09 PM