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    Trustee question

    Hi, I have 2 question about attorneys who are also a trustee:

    1. Do you think a trustee would go easier on cases represented by an attorney who is also a trustee? Do trustees who also are attorney give each other or their clients a break or will they try to perhaps make each other richer by screwing my case ?

    2. if I choose an atorney who is a trustee, will she look at my case from a point of view of a trustee? really?

    Thanks for all your inputs.
    I am NOT an attorney, anything I say here is not a legal advice.

    #2
    I think this is a hard question to answer but from what little I know of your case, I think you are pretty much a shoe-in for a Ch. 7 (don't go by that, but that's my impression) so a Trustee might be just the thing for you.

    He/she will make sure the thing is filed properly and should be able to tell you for SURE if you qualify for a 7 or not. So if you consult with one and he/she says you are fine for a 7, and he/she seems like a decent person that you can get along with and feel confident in, then yes, I'd go with the Trustee.
    <<I am NOT an attorney, my comments are anecdotal only. Contact an attorney for advice>>
    FINALLY DISCHARGED 92 DAYS AFTER THE 341! A NEW START!!!

    Comment


      #3
      I'm in the same boat! My attorney also serves as a US Trustee. That was a majory selling point for me...

      He made the other attorneys look like hacks...
      Filed Ch7 3/6/08 [X]
      341 hearing 4/10/08 [X]
      Last day for Objections 6/9/08 [X]
      Discharge AND Closed 6/23/08 [X]

      Comment


        #4
        At the very least, a trustee knows firsthand what your trustee will be looking for...

        Good luck!!!
        Nolo Press book on filing Chapter 7, there are others too. (I have no affiliation with Nolo Press; just a happy customer.) Best wishes to you!

        Comment


          #5
          Its to your advantage to have an attorney that also works as a Trustee.... he knows the hoops ad loops of bankruptcy. And he will be more thorough than a regular attorney. He will cross his t's and dot his I's and hopefully your petition will be correct and complete when its filed. He will know what another Trustee will be looking for.... and THAT'S A PLUS......

          Keep us posted...
          Minny

          "It's amazing the paths that our feet sometimes follow in life".

          My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

          Comment


            #6
            One of the biggest factors when we picked our attorney was that he was also trustee (since 1982). He charged a little more than the going rate, but was WELL worth it.

            When questioned, he made it clear that he works for US in this matter, not the government.

            It helped that he was a good friend of our trustee. He even calculated who our trustee would be based on when we filed.

            He did an awesome job on a case that had some issues (lots of debt, a business, a large forth-coming tax return, etc.) The U.S. Trustee got involved and our attorney actually wrote a letter responding to the U.S. Trustee addressing him by his FIRST name. We were impressed that he felt comfortable doing so.

            I bottom line is that like all attorneys, they just want to get paid. They don't care where it is coming from (you or the government).


            PLEASE NOTE: I am not a lawyer. Bankruptcy may or may not be a best scenario for you. It depends on your situation. You may assume my advice is totally useless (my wife does, and she’s probably right). Talk to an experienced bankruptcy attorney (or three) in your jurisdiction for legal advice.
            Last edited by yoyoma51; 02-29-2008, 03:07 PM.
            Chapter 7 Filed - 11/27/07
            Discharged - 2/29/08
            Unsecured Debt Discharged - $162k +/- (small business, personally guaranteed)
            Finally Closed - 3/1/09

            Comment


              #7
              I noticed after my 341 on Friday that my Trustee was up front and patient. Per my attny he said city trustees are so different then those in rural suburbs.
              Trustees (some) in Minneapolis were direct, rough and no smiles where my trustee in the western burbs sent us letters what we should bring to the table. In fact one of my questions I couldn't answere at the 341 was assisted by my trustee.

              I suppose an attny acting as a trustee is beneficial but I also know that these trustees were not born yesterday. I am sure they know the proficient attny's versus the one who screws up 7 out of 10 cases.
              Filed: 01/23/08
              341 Meeting: 02/29/08
              Discharged: 04/30/08
              Closed: 05/12/08

              Comment


                #8
                They are past friends/workers, they sure know how to "shake" hands.

                Comment


                  #9
                  I think it would be for your benefit. I know whenever we file it will be with an attorney who is also a Trustee.

                  Comment

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