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How do I find an attorney that is also a trustee

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    #16
    That you have a conference scheduled with the trustee and his atty to get to the bottom of the deed situation is *great*. As you said, bring everything you can find, and if you have it available, don't forget evidence of when the money traded hands (closing docs? canceled checks?) and when the deed itself was transferred, because you're saying there was a gap between the purchase and the recording of the deed that plays in as well.

    If this attorney does show up, you can actually hand her the letter there... you know, the one that fires her. She does know about the conference, though, and may well show up regardless of her behavior toward you, because she may look pretty bad if she doesn't (these are her preofessional peers you will be meeting with).

    Now, this probably goes without saying, but be professional in your manner and speech, *don't* get into this whole "nutjob hates me" thing because if it comes across badly or even as an excuse, it just makes YOU sound nuts, so avoid it. "We had some ongoing legal issues" should suffice, but if questioned further don't go into how nutty he is, keeping only to facts. If the ongoing nature of his actions against you and your family come up, stick with, "Yes, we too have been completely unable to understand his actions toward us and why he has not been satisfied with the various solutions offerred..." When you've been in a fight with a nutjob for as long as you have been, you tenfd to forget that talking about it makes *you* look like a lunatic. No, it's not fair, but that's why I say: avoid talking about him except in the barest, most impartial tone.

    Same goes for this atty: if she shows, she may try to say that she had no knowledge of this deed situation. Don't argue!!! Your response should be a simple, "Sir, here we have paperwork dated ___ that shows we went over this with Ms. DeVille and she was fully informed of all the particulars surrounding this deed transfer." That's the winning position. If she lies, ignore her. Do not speak to her. Do not try to argue her into fessing up. Again, this looks weak and desperate. Just calmly hand your docs to the trustee's atty with a simply stated line about what they are, and let it go. By ignoring her and not engaging her at all, if she lies her deceit is much clearer to a third party. If you fight with her openly, you actually lend credence to her dishonesty. Don't make this mistake!

    I mean no offense at all; I just know how it is to go up against people like this, and the winning way is *always* to be the one who says the least, with the least emotion, and has the biggest stack of papers. You'll do just fine. I wish you well!!!
    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!

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      #17
      To FreshLikeaDaisy:

      Hi, I have some good news to report. Our BK attorney called us today. She was extremely nice. In fact, within the conversation, she admitted that "SHE MADE A MISTAKE" upon the fact she knew of our transfer of a Mortgage deed, and had forgotten to list it. But as I attempted to pacify her in that mistakes happen, she stated we have to amend the papers to show this.

      You, Ms. Daisy stated I need to do so but as I told her, (I thought I was on my own), I didn't want it to look as I was covering my 'backside'. She (the attorney) also stated in the AP (another separate case against our BK) that she was so busy, and needed to earn an income, but would see what she could do 'pro bono' to help us with this AP and requested my Motions. So, you see, the chickens may just come home. As I previously said, I don't want to throw her under the bus as perhaps she may help and so......we will see.

      Again Ms. Daisy, THANK YOU big time and Everyone Else
      If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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        #18
        PS:

        On re-reading your prior post, believe me we will go in with all our paperwork, prepared as you say we should, and will not trust anyone. We will let our documentation--and our decorum--speak for us.

        Thank you again.
        If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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          #19
          Wonderful news!!!! 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!

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