Office of the Chapter 13 Trustee
Attorneys handling outside lawsuits
Note: The following sample documents have been temporarily removed in order to be updated pursuant to changes in Court Rules effective 12/1/2017.
-Application to Retain Special Council
-Application to Retain Special Counsel Nunc Pro Tunc
-Motion for Approval of Compromise and Approval of Attorney’s Fees
The information contained in this tab is intended to be used by attorneys who represent client(s) in an ongoing lawsuit or claim against a third party to recover damages as a result of a personal injury or other type of claim and the client(s) have filed a Chapter 13 Bankruptcy in which I have been appointed as the Trustee. By virtue of your client(s)’ filing this bankruptcy, all or a portion of that lawsuit or claim may belong to the bankruptcy estate and must be administered in accordance to the terms of your client(s)’ Chapter 13 Plan and the Bankruptcy Code. This is true whether the claim or lawsuit arose prior to the filing of the bankruptcy or whether such arose after the filing of the bankruptcy but before the bankruptcy is closed, dismissed, or converted to another chapter of the Bankruptcy Code.
I cannot give you legal advice on how to prosecute this lawsuit or claim. However, I have put the information contained under this tab as a courtesy to you in order to assist you in handling the underlying lawsuit or claim in a manner consistent with the administration of this bankruptcy.
Please read the document entitled below as “Trustee’s Letter to Attorneys Representing Client(s) in an On-Going Lawsuit or Claim that have now filed Bankruptcy” before reviewing any of the attached forms.
Also, please note the following:
--A lawsuit or claim cannot be settled without my permission to the extent such remains property of the bankruptcy estate.
--I have set up a special e-mail address at email@example.com for the purpose of receiving updates of status of the lawsuit or claim and information concerning settlement offers.
John J. Talton
Chapter 13 Trustee for the Eastern District of Texas
Tyler, Marshall, Lufkin, and Beaumont Divisions