How do I find an attorney that is also a trustee

[paulka]

If I'm going to file I want to do it right the first time... There's so much junk out there... How do I actually find a REPUTABLE attorney?

Will be filing for chapter 7 due to crushing medical bills, and poor choices in the past...

[HHM]

On this website, you can find a list of trustees

http://www.justice.gov/ust/

Then you would need to cross reference the names with the BK attorneys in your area. Keep in mind, not all trustees are attorneys and not all trustees, even if they are attorneys, actively practice BK law.

Ultimately, short of getting a referral from someone you trust, you have to go out and talk to the attorneys. Thus, you need to schedule consultations and do the ground pounding to find the attorney you are most comfortable with.

[TX Bluebonnet]

If I'm going to file I want to do it right the first time... There's so much junk out there... How do I actually find a REPUTABLE attorney?

Will be filing for chapter 7 due to crushing medical bills, and poor choices in the past...

I found my attorney in a round-about way by first going to http://www.martindale.com per someone's suggestion in another post. It's a site where they're rated by their peers. I found a local bankruptcy attorney with an AV rating (the highest) and gave him a call. I'm not sure if his case load was full, or what, but when I called I was referred to another attorney instead. I figured a referral from a highly rated attorney was in its own way a good recommendation. When I consulted with my attorney, who I liked right away, I found out he's filed the most bankruptcies in my district. So far so good. Good luck with your search.

[southernbelle]

Be careful when meeting with an atty. that is also a Trustee. If for some reason you don't want to retain his/her services, make sure not to meet with all of the Trustees in your area because it might be conflict of interest or something.

[AngelinaCat]

[southernbelle]

AngelinaCat is 100% on that one. Sometimes the "charm" wears off after you've paid them in full. Thank God (I think by the luck of the draw) I seem to have picked a good atty. We got along really well in the initial consultation. He didn't rush me and answered all of my questions. He was also very open and honest and urged me to check other atty's fees and what services they were offering. I'm not in a small town, but there's only so many BK atty's and I guess they all know each other.

My atty. has a great and knowledgeable support staff. I guess that's why I like my atty. They always answer my questions and emails the same day (but I think I'm in the minority on that one). Thank God they put my filing together quickly and efficiently and I pray no problems come up at the 341, but we'll see.

[AmyJ]

I was informed i couldn't use the bk atty i knew b/c he "was" a trustee & i was referred to a partner? Make any sense? I decided the firm is wrong anyway... just wondered about trustee acting as your bk lawyer.
thanks!!!

[HHM]

Who informed you of that?

Like I said, just because the trustee is an attorney does not mean they take BK cases.

[FreshLikeADaisy]

AngelinaCat, I think you would do well to go ahead and address these issues with your attorney now, before they become an issue.

In writing.

In other words, write a letter that briefly outlines your problems and concerns, make it polished and professional, and sent it registered, return receipt requested. If she has not returned phone calls or delivered promised items/information/whatever, be sure to mention that in the letter as well.

Why? First, because it proves that you did indeed notify her of any concerns or problems you have. Two, a certified letter really gets their attention, because that's the kind of proof they understand. Three, because if you do end up firing her and/or complaining to the state Bar Association, that letter will be the basis of proving your complaint.

Also, you should know up front that if you want to take over your case yourself and go pro se from here on out, you can, but you will have to fire her first and have her removed as attorney of record. As long as she remains your attorney -- even if only in name -- you cannot act on your own behalf where the court is concerned; for example, you can't contact the trustee directly, etc. So keep that in mind.

My suggestion to you (if you have not yet already done this) is to purchase the Nolo Press book on Ch7 (link is in my sig), read it cover to cover, and decide whether this is something you really could pursue yourself with a minimum of risk to your financial picture. The last thing you want to do is jump from the frying pan into the fire, by getting rid of a marginally competent atty only to screw it up the rest of the way yourself. I'm not saying you will, only that when you represent yourself you have every opportunity to! So it really does need careful consideration on your part.

That said, you would NOT be the first person, by a long shot, to have fired their atty in the middle of a Chapter 7. If it's a no asset, uncomplicated and straightforward Ch7, you shouldn't have any problems... but you REALLY have to know your stuff before you cut her loose. Good luck!!!

[AngelinaCatHub]

FreshLikeaDaisey:

I am hubby of AngelinaCat. She made me get my own nick. We have already written to the Trustee and we have not formally fired our attorney. I think she fired us actually for not caring and her temper. She was poor to explain anything. We got more from here than anywhere. We have the nolo pub. We have an enemy who is stoking bad fires in our case. He is a millionaire crack pot that has caused us to go to this destruction. We just do not have the money and now I need another operation, and even co pay (on COBRA) is expensive to us. So as I once said, we have been honest, the lawyer knew all, but did not acknowledge a mortgage we sold four months before the 7, as we were into 13 plans, nothing filed, she asked for a copy of the assignment of mortgage. She said, you sold it (to pay off bills and utilities) you do not have the money; no asset exists, so she did not claim it. Now we went 7, but that is because this Jerk caused problems with wife’s job and she lost it. 13 was the honest plan. Can we go back to 13 to ease some of the possibility of the 7 being dismissed?

[FreshLikeADaisy]

Angelina'sHubby I'm really confused: did you file *any* bk, either chapter, before now? In other words, are you actively IN a bk? The way you wrote it made it sound like you are already in one, but then you said "nothing filed" so I'm kinda lost. Forgive my ignorance.

But this is a MAJOR point, because the best course of action is vastly different depending on whether you are already in bk (either chapter).

To summarize both, basically if you are ALREADY in a 13 and trying to convert to a 7, I really think you need an atty.

If you have already filed a 7 and the filing is correct OR you have not yet filed at all, you could either get another atty or go pro se, your choice.

I also think that if you are eligible for the 7, go for the 7. Filing Chapter 7 also addresses pre-existing claims, so whatever this crackpot says you did, if it happened prior to filing Ch7 and it qualifies as dischargeable debt, then he's SOL regardless. Quite frankly, fighting someone like that or trying to get anything back from them is usually a losing battle and costs you far more than what you lost because it's a game of one-upsmanship that never ends; another reason to file for a 7 and be done with him.

I do not know (and can't guess!) what effect a Ch13 would have on your legal situation, so I can't advise you about that.

To go from a 7 to a 13 (if you already filed a 7) shouldn't be difficult, but I think you would want an atty for that, to be honest. Also, if you are eligible for a 13 and not for a 7, the trustee himself will probably suggest the conversion. I would wait on that, to be honest.

That, and unless you have some written communication from this atty saying otherwise, she is still your atty. If you want to fire her, or she wants to drop you, it pretty much has to be done in writing or it hasn't really happened. Also, if you have already filed either a 13 or a 7, if she shows up in PACER as attorney of record, she will continue to be the court's (and the trustee's) contact person until/unless you specifically have her removed.

So, again, the basic question is: have you filed? What chapter? Does it show up in PACER when you look under your name/SSN/case# ? You can't begin to know how to proceed unless you know whether or not a case has actually been filed under your name at the courthouse... until it is, you're not locked into a thing, no matter what has been discussed, and don't have to deal with the court on any decisions you make. Once you file, though, that's a different story. Consulting with an atty, even filling out the forms, does not constitute filing bk: it actually has to be filed at the courthouse and have a case # assigned. Only then are you in a 7 or 13. If you're not clear on what this atty has or has not done for you, or where your case stands with the court, that's the FIRST thing you have to get a handle on. If I'm just not understanding I apologize, but I honestly can't tell from what you've written.

Good luck!!!

[AngelinaCatHub]

FreshLikeaDaisy, thank you so much. You are a wealth of help and I will try to make this simple.

First, we are in a 7, not a 13. We originally planned a 13, but never filed. It took one and a half years for our attorney to do anything. We submitted the same paperwork four different times until I said to her: "WE’VE GOT TO GET THIS DONE!!!"

Next, within preparations for our Chapter 13, not ever filed, we sold a piece of property in 2006 at a great loss. We incurred $9,000 of IRS debt we didn’t expect in capital gains. We held a 50% balloon mortgage. We were (and still are) heavily in debt. So the thought and understanding that we had in what little information this attorney gave to us, was: it was our property, nothing had been filed, and we could sell the mortgage, which we did in August 2007 at a discounted rate.

Then, our adversary (whom you described to a ‘T’) who has been pecking us for eight years, caused both of us to lose our jobs at the same place, due to harassment we could not stop legally. My wife was full time and I was working as an ‘Independent Contractor’ as a computer consultant. After we lost the jobs, we were forced to change to 7. We certainly do qualify for 7 now. However, we had sold our mortgage deed four months before filing Chapter 7 on (would you believe) December 28, 2007.

The mortgage deed was not recorded until November 5, 2007—we have no idea why so late—and my adversary sent this to our Trustee. The 341 and all was going well. Before we did file the 7, our attorney DID know of the deed assignment, and right before we filed our 7, she asked to see the item, so I have that on old email and have sent it off to our Trustee and his now investigative lawyer. She said: “well, you don’t own the deed, you don’t have the money, there is no asset”.

While we were still thinking Chapter 13, it was not listed anywhere as an asset because at the time, four months before filing, we thought we owned it and could pay bills and utilities that were months behind and about to be turned off. That is what we did. She had knowledge of this item. We paid a professional to do stuff that we have no knowledge of as ‘laypeople’. Nothing was purposely hidden from the Court. So, I guess we’ll serve some prison time now. Oh well.

Sorry to be so long, and rambling, but is the whole story the best I can tell of it.

Any advice or encouragement is appreciated.

[FreshLikeADaisy]

Thanks for clarifying that; it makes much more sense now.

FWIW, I do NOT think you will be serving any jail time: there has to be a clear intent to hide assets and to defraud the court in order to be eligible for criminal charges. If you can prove that you told this atty all about the deed (and it sounds like you have a pile of papers to do just that) I really don't see your problem beyond having to explain it to the trustee and show him everything you submitted to the atty -- even the Ch13 paperwork. Even though you're in a Ch7 and that paperwork no longer applies, it may well prove that the atty was fully notified and thus, there was no attempt on YOUR part to hide or withhold crucial asset information from the court.

I really think you are worrying too much. The worst that will happen is that you will not receive your discharge, but rather a dismissal, and refile in 6 months. But you DO have to act quickly to save your case, if at all possible.

You did not say that you have received anything from the trustee to indicate that he believes there is a presumption of abuse, but clearly you expect something of this nature. The trustee can easily access your deed records without any help from your adversary, so don't worry about that. You need to pull the actual petition off of PACER (if you don't already have a copy) and look over Form 7, the Statement of Financial Affairs. That deed transfer and the dates involved SHOULD be listed there. If it isn't, or atty did it incorrectly, file an amendment ASAP. That alone should help you immensely.

I still get the impression that you're operating in the dark, so another atty may actually be the best route for you to take. There are some good ones in Jax, though I don't know if they'd take a case that was already filed, you'd have to call around. You also have to cut ties with this atty in writing, certified mail, asap if you know that you absolutely have no intention of using her services from here on out.

I wish you and your wife every success in getting this straightened out. Good luck!!!

[AngelinaCatHub]

Thank you FreshLikeaDaisy:

You people here are truly blessed Angels. Yes we are ignorant but getting educated real fast. The Nolo books are good.

I hear you about “get an attorney”. It is the wisest thing now. However, while waiting on another operation (caused by prior surgery) I have time and NO MONEY at all for one. It is 60 miles to Jacksonville and fuel prices are high. I have lived on this Internet and researched case law.

I may also not have made this clear. My adversary who has been contributory to our demise has also filed an AP against us, he turned us into Codes Violations anonymously, and will go to not much less than murder to make us miserable.

He has even presented bogus complaints of stalking and murder threats we had supposedly made, and we were interviewed by a Homicide Detective. He is obsessed. He also is worth many millions of dollars. He lives like Howard Hughes did and looks like a dirty hobo.

His AP is for damages of a four year old suit against us that no action has been taken since 7/2006. He alleges 11 USC 523(a)(6) of malicious cause of a debt. We do not have a debt to him, he holds no Judgment, lien, or anything as the case never went to trial. I have done a fairly good job of the legal stuff, and his lawyer in a response to my Motion to dismiss, changed the terms a little and his response was very weak on Plaintiff’s behalf. At the end of his response, Plaintiff’s attorney made a motion to deny my dismiss. I made a motion to grant with case law he quoted that still relates to “debt” and if there is no debt, contract, or any ties to encumber me, what is there to deny my attempt to put his suit aside? Now he knows, even though his case is faulty, he can pursue it and in a trial, I cannot be a lawyer. Writing paper, I have time to research and copy forms used by others. I would be torn to shreds by a lawyer at a trial. Not only that, we have no more strength or will to fight. This IS our last ditch effort.

Thanks again. I wish I could show my forms redacted for opinions of my work. That would be nice but there is no place to upload attachments here. Love to all you helping Angels.

[AngelinaCatHub]

P.S.

To FreshLikeaDaisy

We have a summons for a conference/hearing to an attorney hired by our Trustee about the Mortgage assignment. We are honest and will explain what we know. I shall bring all the paperwork we can find. I have already contacted him that we are cooperative and wish to resolve this as well. As you said, they may not even consider me until I fire my attorney. However, I don’t know if she may not be there so I don’t want to inflame her. She may finish her job, so I don’t want to throw gasoline on her fire. She is not a stable person and difficult to talk to, and unresponsive to my emails and copies I sent her. I shall not call her, and so far, she has not called us. So as far as we are concerned, we are on our own and shall prepare with this in mind. Thanks again.