ibbetty,
If you have verifiable proof that over $100k disappeared within the past 2 years you turn it over to the Trustee. Same for the failure to disclose, disclose, disclose on any of the Schedules or Statements. However, there is a fine line here. The 13 trustee's job is not to "follow the money" as the 13 trustee is not a liquidating agent. He/she is a disbursing agent. Debtor makes monthly payments and the trustee pays it out to creditors. He/she does, however, have a duty to make sure the debtor is paying all of his/her disposable income into the Plan and is meeting, what is called, “chapter 7 reconciliation”. The reconciliation part is where you might go. For example, if the debtor transferred property without fair consideration, within the 2 years prior to filing, the value of that transfer must be paid to the creditors. Also, you have to be careful that you don't come off as a vindictive person. If you act like you are a "nut case" the trustee will not take anything you have to say seriously. This is where an attny comes in.
As to your phone consultation, I do not see how an attny can give you proper advice over the phone. To me, such would be nothing different than our communication - general in nature. I would want to see the documents. I would want a face to face so that I could evaluate the veracity of your statements and you. However, since $$ is a factor, your phone consultation may have to do. Too bad you are not in my state as I would have a great referral for you - actually have a trial this week with this barracuda. But, alas, I am not in your state and do not know of any attnys that can help. To find a good creditor attny you need to find a well seasoned debtor attny and ask for a referral. The way I look at it, I would refer you to the attorney I most do not want to litigate against.
Des.

