Lashbrook, No. A09-00484-HAR (Bankr. D. Alaska, June 3, 2011).
After a bankruptcy case is completed, the trustee will get paid. Trustees administer your bankruptcy case, and will be paid according to a commission based on how many assets are sold to pay creditors. This is an obvious incentive to liquidate assets, but the trustee’s salary will have to be reasonable, also.
In this case, a couple filed for Chapter 7 bankruptcy. During their case, the trustee sold their trailer park. The couple argued that the trustee only did this to be paid more, and that this was a violation of his job.
The court disagreed with the couple. Although it analyzed the trustee’s actions, it found nothing unreasonable. In fact, it found the trustee was required to sell the trailer park. There was no evidence that the trustee in any way abused his power. However, it is important to note that the trustee’s fees are something that can and will be challenged.
To read the case summary for In re: Lashbrook please see here.
If you are wondering what your options might be if you are considering filing for bankruptcy, you should contact a Tucson bankruptcy attorney today to discuss your options and get all of your questions answered. It is extremely important that you have a competent bankruptcy attorney evaluate your case before moving forward to ensure that it is filed correctly and do not lose property unexpectedly like the Lashbrooks did.
Stephen M. Trezza
