Expert: Terry Leeders - 2/26/2008

Question
Terry thanks so much for your help. My case was a pre petition personal injury lawsuit. at 341 meeting Trustee closed the cased. She did not want to get involved.
So my attorney and I settle the case out of court."Without Trial"
She now says I did not file for future lost earnings.
If I did not file for future lost earnings, rule 704,
she should have investigated then, not 9 months later.
No-body ever objective not even creditors. Now after this
she then hires my attorney 9 months later, to say, she approves of the case. She wanted no part of my case, now
after my discharge she wants some money. For who? no creditors file a objection.And she never did either.

Answer
Hello Mr. Booth,
The trustee can go back in, so to speak, if there was an error.  Since it was not known that the future earnings wasn't accounted for, the trustee would have the right to do what they are doing here.  Your creditors are represented by the trustee, so they won't be involved.  Now, your state may have an exemption for personal injury, so consult with your lawyer to make sure you maximize your exemption amount.  You could try to object if you feel that the trustee is in the wrong (legally speaking) but I think it is a longshot at best. Sorry, hope that helps clear the air.