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  1. #1
    Join Date
    Nov 2006

    Unhappy Trustee's Discretion in the Use of Funds

    Can this really be done? I just finished the 341 hearing, and it appears that money I had earmarked to cover the arrears to my landlord might be used by the trustee.

    I work part time as a Real Estate Sales Agent, for a NY Broker. The two deals went into contract in August and closed in October and November. (I filed 10/04/06.) The trustee is of the opinion that it was money earned prior to the filing; and belongs to the estate. However, the contracts in both cases were written with "if, as, and when" clauses. This means that only if the deals close would the participating brokers be compensated.

    Please, someone, let me know what might happen here. The money was intended for bank rent, a lease renewal and reaffirmation to the landlord. Can I now be evicted?


  2. #2
    Join Date
    Nov 2006

    Default Re: RunningScared

    Did you disclose your rent arrears? Has your attorney discussed your lease situation with the trustee?

  3. #3
    Join Date
    Nov 2006

    Default Re: Trustee's Discretion in the Use of Funds


    Yes, the arrears was included in the filing. The attorney has sent correspondence to the trustee explaining when commission is payable and for whom the dollars were intended.

    I believe the auto stay will keep me warm until discharge, but who knows after that.

    Thanks for your reply.


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