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9. The Trustee’s Attorney gets to keep a large portion of what he recovers for the benefit of the Debtors creditors (i.e. for the bankruptcy “estate”) for his own attorney’s fees. This often causes the Trustee’s attorney to be demanding and greedy but also to be lazy and unskilled and careless.
10.The Trustee will often allege that a debtor must turnover property simply because the Debtor did not list the property and/or claim it “exempt”. This is not the law, and the Debtor will prevail.
11. The Debtor cannot be denied a discharge for unintentionally filing false and/or incomplete schedules.
12. Debtors are allowed to keep certain property for a fresh start, e.g. house, clothes, car, and furniture. This property is called the Debtor’s “exempt property”. Most Debtors are able to exempt all their property. It often takes a skillful Debtor’s Attorney to claim all the exemptions allowed and to defeat a Trustee who is arguing that a certain exemption is not allowed.
13. A Trustee will sometimes sue the Debtors friends and relatives alleging that they received money or property from the Debtor for less than fair value just before the Bankruptcy was filed that should be recovered by the estate and distributed proportionally to all creditors (after the Trustee takes a large portion for his fees and his attorney’s fees). There are many defenses to this type of Adversary Proceeding which will be discussed in the section: “TRUSTEE v. NON DEBTOR”.