Talk to trustee before BK?

[btbeme]

I have visited with a half-dozen attorneys and have 6 differing opinions on what may happen if I were to file a Ch. 13. While I would not expect any one of them to have a crystal ball, I would expect at least some uniformity in their answers regarding what type of budget I would have to put together, what I might expect to have to pay back, etc. I went to all six meetings armed with as much info as I could to paint a clear picture for them, yet I am still thoroughly mystified on some critical questions.

What is the protocol for actually speaking with a trustee to get their answer or opinion regarding certain questions? Are they allowed to give an "inside" peek at what they might expect to do in a filing?

I am getting the feeling that the vast majority of attorneys are much more comfortable and experienced with Ch 7 - it seems that a 13 is a much bigger mystery to them.

[MSbklawyer]

I don't really care for the idea of unrepresented people talking to the trustee. The trustee is, after all, the attorney for your unsecured creditors. He's not a neutral.

Go download the Bestcase demo I posted here a week or so ago and go through the means test.

[HHM]

First, you expected too much from the consultation. The consultation is not about getting "specific" (after all, the consultation is free). The goal of the initial consultation is to get an idea of the over all strategy that will alleviate your financial challenges and whether the firm can help you. Any attorney that would give your estimates is actually doing you a disservice because he is setting an expectation for you that he cannot possible meet. No matter what info you bring to the consultation, it is not enough, and there is not enough time to do tactics. To get specific, you are going to have to hire someone (that is, spend money).

Second, the trustee is not going to give you the time of day. Certainly not before the case is filed, they are NOT A PUBLIC SERVANT, as MSbklawyer pointed out, they are the representative of your creditors. You don't get to have a pre-bk consultation with the trustee.

There is no mystery to chapter 13's, really. Keep in mind, BK attorneys are a business like any other. Chapter 13's are more involved, take more time, and some attorneys simply choose not to do them and keep their focus on chapter 7's. Chapter 13's are more of a tapestry, you really cannot advise someone piece meal about a chapter 13, you need to see the ENTIRE picture for it to make sense. That is why no conscientious attorney will give you what you seem to want at the consultation. Your basically asking to taste the milk before the cow has been milked.

Your payment in a chapter 13 is ALL YOUR INCOME, minus ALL YOUR LIVING expenses. What ever is left over is what will get paid for 36-60 months. Of course, the devil is in the details. And no, the court is not going to let you maintain a lavish lifestyle, your expenses need to be reasonable and necessary, but your do not need to be a pauper either.