QUESTION
What do I do if attorney is unavailable for a certain amount of time?
Asked on Feb 17th, 2015 on Bankruptcy - North Carolina
More details to this question:
The attorney, acting as the trustee for creditors in a bankruptcy action involving my ex, is unavailable for the next 6 weeks. I am trying to sell our co- owned home that she vacated upon divorce. She is losing all her share due to her bankruptcy. He is holding up the proceedings. Can he do this?
5 ANSWERS
Since the property is co-owned, the bankruptcy trustee will have to get on board with any sale you might make for this property. Perhaps the Trustee will delegate this issue to someone else, but there still will need to be court approval to conclude a sale, and that approval process generally takes AT LEAST 6 weeks.
Answered on Feb 18th, 2015 at 2:01 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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The Trustee, as you know, does not represent you. He is not your lawyer. So your demands on his time or attention do not have the priority which communications to your own lawyer would have. However, when a lawyer is going to be away from the office for more than a very short time, s/he should arrange for someone else to attend to his responsibilities. I suspect you have not called the Trustee?s office and asked to speak to whomever is in charge during the Trustee?s absence. Try it. Also have your lawyer make the call. Good Luck.
Answered on Feb 18th, 2015 at 4:15 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I need more facts and you appear to need a different attorney. Your question appears to reveal a potential conflict.
Answered on Feb 17th, 2015 at 9:25 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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It is unethical to be absent (otherwise unavailable) for an extended period without arranging for another attorney to cover your obligations. I would advise you to have your wife contact his office and advise him that she'll complain to the US Trustee and the local attorney ethics board, if this doesn't get done in a reasonable time, like a week.
Answered on Feb 17th, 2015 at 9:23 PM
Business Bankruptcy Attorney serving Raleigh, NC
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J.M. Cook, P.A.
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Although the trustee is an atty, he is the trustee of the estate of your ex-spouse. Her interest in the property is passed to the estate, which the trustee oversees. Until he abandons the property or the case is closed without his administration of this asset, thereby having deemed to abandon it, you can't transfer title to the property without his approval and signature. No lender or title insurance company will touch it without the trustee's ok.
Answered on Feb 17th, 2015 at 9:12 PM