Should I ask for a different trustee...

[BearChaser303]

I filed yesterday and looked up my case in Pacer. I noticed an odd coincidence (coincidence only, I'm sure). The address of the trustee assigned to my case has the exact same street address as one of my creditors. Same street address, just different suite number...

This thing is, this particular creditor is my BIGGEST problem child... For all I know the trustee might be having lunch everyday in the office building cafeteria with my creditor...

I am considering bringing it to the attention of my attorney and suggesting that we request a different trustee, but was just wondering if anyone else has encountered anything similar. Or if it is even possible to request a different trustee.

Thanks,

[BKOnce]

Trustee might work for that creditor/lawyer/firm in same building in the past?

[rilbrianne]

Wow, that's very interesting.... sorry I don't have an answer

[FreshLikeADaisy]

You know, if they are local, I think I might drive by and see whether it's a huge office building with many tenants as opposed to a building with only one tenant. If you didn't want to walk in, you could go at night and peek in. If there's one of those big wall directories you see near elevators, that's your clue it's multi-tenant. If you see one and it's all the same name, or you don't see one at all, it might be single-tenant.

Also, if you go after hours, you might find a bored security guard to ask. Worth a shot. That would make me nervous too.

[FreshLikeADaisy]

Trustee might work for that creditor/lawyer/firm in same building in the past?

Most trustees are lawyers, and many are members of firms. So it could be present and not past. If he had any real connection with the actual creditor (not just a law firm that also handled collections for that creditor) I would have expected him to excuse himself from your case.

If you have an attorney, you might ask him as well. Or even call the trustee's office from a cell phone that has ID turned off. You're not going to be speaking with him but a member of his staff, but you don't want to give your name for this. Ask, "Hi, do you know if Mr. Jones has any current connection to XYZ Corporation?" If they ask why, you're doing research for something (figure out something, anything, it doesn't matter how asinine, you could even say "market research") and would like to know. If they dig deeper, hang up, nothing lost.

But that's only if you have to. Ask your atty, do a drive by first.

[PaKettle]

Yeah, I wouldn't like that situation, either!
Try to find out through your attorney, first, if you have one.
If not, then do what Fresh said.

[BearChaser303]

They are local, and yes it is a big office building. Not a skyscraper or anything, but a big multi-story building with office space for multiple tenants. I will bring up my concern to my attorney and see what he says. I probably wouldnt give it a second thought if it were any other creditor. This particular one has been a real pain in my backside, and is the ONE who drove me into bankruptcy (how many of you are rolling your eyes right now?!)

Thanks,

[CATCHMEIFYOUCAN]

Very interesting! I would def. check into THAT one! I wouldn't want a Trustee who has any affiliation with my creditors LIKE THAT. I would think it would be "conflict of interest," you know!

Best of Luck, Catchmeifyoucan

[chpxiii]

They are local, and yes it is a big office building. Not a skyscraper or anything, but a big multi-story building with office space for multiple tenants. I will bring up my concern to my attorney and see what he says. I probably wouldnt give it a second thought if it were any other creditor. This particular one has been a real pain in my backside, and is the ONE who drove me into bankruptcy (how many of you are rolling your eyes right now?!)

Thanks,

Let us know how it goes, BearChaser. I'm interested in the outcome of this.

[HHM]

I think you are a making a mountain out of a moenhill on this issue.

Let's assume they are friends, there isn't much the trustee can do. The trustee cannot advocate for a single creditor. In fact, the trustee has no say over things like objections by creditors, etc. And it is the US trustee who determines whether you go into a chapter 13 or not. Thus, even if they were close friends, the BK trustee has no power within the bankruptcy system to do anything to help this creditor.

[Lindsay]

I noticed while researching that in our area, there is a trustee who's law firm handles collection accounts.

[Spartan]

I noticed while researching that in our area, there is a trustee who's law firm handles collection accounts.

That is perfectly normal. My attorney is also a private trustee, and she also represents both creditors and debtors, in different cases. That's what their jobs are.

[PaKettle]

Personally I would avoid attorneys who represent creditors too.
I just think that is a bit too much of a conflict of interest.
I feel the same way about Trustee attorneys - they also represent creditors.
Good attorneys, yes, but I would want an attorney who is 100% pro-consumer!

[BearChaser303]

I asked my attorney about it today.. He says although he doubts there would be any conflict of interest he will ask the trustee about it at the 341 meeting. Seems like if he were going to ask, he would do so before the meeting?

[6ftladycop]

Hey fellow pro se filer. I always try and keep up with you because our dates are basically the same.
Filed Pro Se 7-30-07
341 Meeting 8-28-07
Last day for objections 10-29-07
Case Discharged 12-12-07
Case Closed 12-17-07 yippee yippee yippee